SKY LAKES MEDICAL CENTER, INC.€¦ · sky lakes medical center, inc. 2865 daggett street . klamath...

AGREEMENT BETWEEN

SKY LAKES MEDICAL CENTER, INC. 2865 Daggett Street

Klamath Falls, OR 97601

AND

OREGON NURSES ASSOCIATION

January 1, 2018 to

December 31, 2020

NOTE: ALL ECONOMIC CHANGES EFFECTIVE FIRST FULL PAYROLL PERIOD

AFTER THE DATE OF THE WAGE OR DIFFERENTIAL INCREASE (JANUARY OR

JULY)

ONA/Sky Lakes Medical Center Collective Bargaining Agreement 2018-2020 i

TABLE OF CONTENTS

Page ARTICLE 1. RECOGNITION AND MEMBERSHIP ........................................................... 1

ARTICLE 2. ACCESS OF UNION REPRESENTATIVE AND NOTIFICATION ................. 2

ARTICLE 3. MANAGEMENT RIGHTS .............................................................................. 5

ARTICLE 4. NONDISCRIMINATION ................................................................................ 6

ARTICLE 5. EMPLOYEE DEFINITIONS ........................................................................... 6

ARTICLE 6. SENIORITY ................................................................................................... 9

ARTICLE 7. LAYOFFS ...................................................................................................... 13

ARTICLE 8. HOURS OF WORK/SCHEDULING .............................................................. 20

ARTICLE 9. FLOATING .................................................................................................... 29

ARTICLE 10. LUNCH AND REST PERIODS ................................................................... 31

ARTICLE 11. SAFETY AND HEALTH .............................................................................. 33

ARTICLE 12. PROFESSIONAL DEVELOPMENT ............................................................ 37

ARTICLE 13. PROFESSIONAL NURSING COMMITTEES .............................................. 44

ARTICLE 14. SUBSTANCE ABUSE ................................................................................. 50

ARTICLE 15. PERSONNEL RECORDS ........................................................................... 52

ARTICLE 16. DISCIPLINE AND DISCHARGE ................................................................. 54

ARTICLE 17. GRIEVANCE PROCEDURE ....................................................................... 57

ARTICLE 18. ARBITRATION ............................................................................................ 61

ARTICLE 19. EVALUATIONS AND STEP INCREASES .................................................. 64

ARTICLE 20. WAGES AND PREMIUM PAY/DIFFERENTIALS ....................................... 67

ARTICLE 21. PAID TIME OFF (PTO) ............................................................................... 69

ARTICLE 22. EXTENDED ILLNESS BANK (EIB) ............................................................. 75

ARTICLE 23. HOLIDAYS .................................................................................................. 77

ARTICLE 24. LEAVES OF ABSENCE .............................................................................. 79

ARTICLE 25. GROUP INSURANCE BENEFITS, PENSION, AND

HIV/HEPATITIS FUND .......................................................................................... 86

ARTICLE 26. NO STRIKE/NO LOCKOUT ........................................................................ 89

ARTICLE 27. SEVERABILITY .......................................................................................... 89

ARTICLE 28. WAIVER ...................................................................................................... 90

ARTICLE 29. DURATION AND TERMINATION ............................................................... 90

APPENDIX A: WAGE SCALE ........................................................................................... 93

ONA/Sky Lakes Medical Center Collective Bargaining Agreement 2018-2020 ii

APPENDIX B: MEDICAL, DENTAL, AND VISION RATES Effective 01/01/18 ................. 95

APPENDIX C: HIV FUND PAYROLL DEDUCTION FORM .............................................. 98

APPENDIX D: 11/21/97 MEMORANDUM ......................................................................... 99

APPENDIX E: SPECIALTY CERTIFICATIONS ................................................................ 100

APPENDIX F: MRO / MRS EQUITABLE ROTATION ....................................................... 102

ONA/Sky Lakes Medical Center Collective Bargaining Agreement 2018-2020 1

THIS AGREEMENT is entered into by and between SKY LAKES MEDICAL CENTER,

INC., hereinafter referred to as the "Hospital" and OREGON NURSES ASSOCIATION,

hereinafter referred to as the "Association."

“Business days,” as used in this Agreement, are Monday through Friday, not counting

recognized (non-personal) Holidays. All time limits in this Agreement may be extended

by mutual agreement of the parties.

ARTICLE 1. RECOGNITION AND MEMBERSHIP

Section 1. Association as Exclusive Bargaining Representative

The Hospital recognizes the Association as the exclusive bargaining representative with

respect to rates of pay, hours of pay, hours of work, and other terms and conditions of

employment for a bargaining unit. The bargaining unit is composed of all staff

registered nurses, excluding supervisors, for example, Hospital supervisor, unit

manager, director, performance improvement coordinator, regulatory-comp coordinator,

case manager, utilization manager, clinical specialist/ educator, utilization review nurse,

nursing manager, infection control/quality assurance coordinator, education

coordinators, patient care coordinators, worker's compensation coordinator, diabetes

care coordinator, trauma care coordinator, home care aide resources coordinator,

managerial, confidential employees, and guards as defined in the Act. Nothing in this

Agreement shall prevent a nurse employed by the Hospital from providing direct patient

care.

Section 2. Scope of Recognition

The scope of recognition granted in Section 1 above shall have no application in any

other corporation, division or subsidiary in which the Hospital has an interest, even if

said corporation employs nurses at the Hospital facility located at 2865 Daggett Street,

Klamath Falls, Oregon. No transfers of nurses between corporations, divisions or

subsidiaries will occur, unless by mutual agreement of the affected nurse and Hospital.


Section 3. Association Membership or Fair Share Payments

A. It is recognized that membership in, maintenance of membership or “fair share”

contributions, to the Association shall not be considered as prerequisites for

continued employment. The Association represents all bargaining unit RNs.

Section 4. Payroll Deduction for Dues or “Fair Share” Fee

The Hospital shall deduct the amount of Association dues, as specified in writing by the

Association, from the wages of all employees covered by this Agreement who

voluntarily agree to such deductions and who submit an appropriately written

authorization to the Hospital. Changes in amounts to be deducted from a nurse’s wages

will be made on the basis of specific written confirmation by the Association received

not less than one (1) month before the deduction. Deductions made in accordance with

his section will be remitted by the Hospital to the Association, with a list showing the

names and amounts regarding the nurses for whom the deductions have been made.

The Association will hold the Hospital harmless from any liability by virtue of such

deductions.

Section 5. Nondiscriminatory Agreement

The Hospital shall not retaliate or discriminate against any nurse on account of

membership or activities neither for the Association; nor for filing Grievances or Staffing

Request Documentation forms.

ARTICLE 2. ACCESS OF UNION REPRESENTATIVE AND NOTIFICATION

Section 1

Duly authorized representatives of the Association shall be granted access at

reasonable times to enter the Hospital when such visits are necessitated by matters

concerning the administration of this Agreement, observing the conditions under which


the bargaining unit employees are employed and assisting in processing grievances.

The Association representatives, as specified above, shall, prior to or upon arrival at the

Hospital, notify the Director of Human Resources or his designee. No interference with

the work of employees or the confidentiality and privacy of patient care shall result.

Section 2

On a monthly basis, the Hospital shall electronically provide a list to the Association, the

bargaining unit chairperson, the membership chairperson, and the bargaining unit

secretary, of all bargaining unit nurses, which indicates, their current unit, step level,

address, telephone number (unless directed not to do so by the nurse), status, and date

of employment. This list shall also indicate new hires and terminations subsequent to

the prior list.

The Hospital will designate a specific human resources staff member to be the primary

contact with the Association to ensure the accuracy of the list.

Section 3

The Hospital will provide the Association with bulletin boards in break rooms on each

unit. Postings shall be limited to Association activities, events, and information (not

political issues or candidates).

A. A designated Association representative shall be responsible for posting material

submitted by the Association. The Association agrees that no defamatory

material shall be posted.

Section 4

The Association shall be permitted to enter meeting notices on E-Mail provided such

notices have also been sent to the Director of Human Resources or designated

representative by a designated Association Representative responsible for such notices

(e.g. the Bargaining Unit Chairperson or Bargaining Unit Secretary). The Association

agrees that such E-Mail messages shall be of a professional nature.


Section 5

The Association may hold meetings at the Pavilion related to the administration of this

Agreement. Room charges will be at the lowest rate (health care related, non-profit

organization) charged any outside group for the same category of rooms.

Section 6. Information From and To the Association

The Hospital will provide a list of Association Representatives in the new hire packet.

The Hospital will provide the orientation schedule to the Association nurse.

A. The Hospital will provide the bargaining unit chairperson and membership

chairperson with the name, address, phone number, hire date, step level, unit

and shift assignment of new hires, within one (1) week of being hired.

Section 7

The Association membership representative will be provided an opportunity to meet

with newly hired RNs during regularly scheduled orientation sessions at a mutually

agreed day and time. The Hospital will announce that an Association representative will

be available during the paid orientation for fifteen (15) minutes to address the RNs and

to respond to questions about the Association. New hire RNs shall have the option to

attend such meeting. The Hospital will provide the Association membership

representative advance notice if there is no new hire RN at a particular orientation

session.

Section 8

The Hospital will provide the Association with written notice of all new non-bargaining

unit positions or job codes, with an RN license requirement and with a direct patient

care job component, at the same time as the new position is first posted.


ARTICLE 3. MANAGEMENT RIGHTS

Section 1

Except as expressly and specifically limited and restricted by a written provision of this

Agreement, the Hospital has and shall retain the full right of management and the

direction of the facility and its operations. Such rights of management include, among

other things, but are not limited to: the right of the Hospital in its sole discretion to plan,

direct, control, increase, decrease, or diminish staffing in whole or in part; to

subcontract work; to change methods, to introduce new methods, techniques, and/or

machines; to change or discontinue any procedure used in connection with quality of or

scope of patient care offered; to hire; to reward, transfer, discharge for just cause as

defined elsewhere in this Agreement; to determine overtime hours to be worked; to

assign nurses to standby; to relieve nurses for lack of work; to add to or reduce the

number of shifts, the work schedule and method of care, and employees that it shall

employ at any one time and the qualifications necessary to any of the jobs it shall have;

in its discretion, assign or reassign work duties to nurses within the bargaining unit, to

rescind, or change reasonable Hospital work rules and regulations, or policies, provided

that such rights shall not be exercised so as to violate any of the specific provisions of

this Agreement.

Section 2

The failure of management to exercise any rights shall not constitute a waiver of same.

Section 3

It is further agreed that the rights specified herein may not be impaired by an arbitrator

or arbitration even though the parties may agree to arbitrate the issue involved as

provided hereinafter.

Section 4

Hospital programs which are not provided for in this contract (example: Christmas grab


bag, or a wellness program) may be implemented, modified or eliminated without

violation of this contract or negotiations with the Association.

ARTICLE 4. NONDISCRIMINATION

Section 1

The provisions of this Agreement shall be applied without regard to race, religion, color,

age, sex, sexual preference, national origin, marital status, veteran status, or disability,

which can be reasonably accommodated in all aspects of employment, it being

understood the Association will fully cooperate with the Hospital's policy of

non-discrimination.

Section 2

Whenever "s/he" appears it shall be deemed to mean "she" or "he."

ARTICLE 5. EMPLOYEE DEFINITIONS

Section 1. Employment/Service Years

Whenever the terms continuous years of service and/or employment appears in this

Agreement, it shall be defined as hours worked, i.e., 2,080 hours worked equals one (1)

year of service and/or employment.

Section 2. Full-Time

Nurses normally scheduled to work:

Forty (40) hours in a seven (7) day work week or eighty (80) hours in a fourteen (14)

day payroll period.


A. Nurses on twelve (12) hour shifts scheduled at .9 are entitled to full-time benefits

according to the 11/21/97 memorandum attached to this Agreement.

Section 3. Part-Time (.5)

Nurses normally scheduled to work twenty (20) hours or more in a seven (7) day work

week or forty (40) hours or more in a fourteen (14) day payroll period.

Section 4. Supplemental

Nurses who work less than .5 are considered supplemental.

A. Supplemental nurses will be scheduled to work according to the availability given

to the nurse manager by each nurse at least two (2) weeks prior to posting of the

schedule.

1. The nurse manager shall schedule supplemental nurses based on their

expressed availability and nursing unit staffing needs.

2. Supplemental nurses shall not be pre-scheduled for overtime hours.

B. The nurse must work a minimum of seventy-two (72) hours per calendar quarter,

of which a minimum of sixty (60) hours per calendar year shall be weekend

shifts. This requirement is one hundred eight (108) hours per calendar quarter for

specialty unit nurses. Specialty units are ICU, Birthing Center, ED, and OR.

1. The minimum days per year must be actual workdays or MRO days, not

merely days of supplemental nurse "availability" for work.

2. Holiday work will be rotated on an equitable basis among all staff nurses,

including supplemental nurses, in each nursing unit.

C. The work requirement shall be evaluated semi-annually (January and July of

each year); those failing to meet the same may lose supplemental status, or be


reoriented if necessary.

1. Upon evaluation, the Hospital may waive the minimum work requirement,

with notice to the Association.

D. Supplemental nurses shall be subject to nursing unit policies and procedures.

Section 5. Temporary/Traveler (Agency) Nurse

A nurse hired for a limited time to help resolve a predicted short-term staffing problem.

Such nurses are not in the bargaining unit; however this contract shall apply where it

specifies Rights of Bargaining Unit nurses with respect to Temporary/Traveler nurses.

A. Temporary/traveler (agency) nurses shall be required to have the education,

prior nursing experience, active state licensing, and orientation necessary to

function on the unit to which they are assigned

B. A temporary/traveler (agency) nurse shall not have seniority rights.

C. If a temporary/traveler (agency) nurse is hired into a permanent position, the

date of hire shall be considered the date s/he was actually hired as a permanent

employee. Any applicable benefits shall begin accrual on the date the nurse was

reclassified. Probation will apply in accordance with Article 6, Section 4.

D. See Article 8, Section 3, subparagraphs I and J for restrictions on traveler’s bids

for extra shifts.

Section 6. New Graduate Nurse

A new graduate nurse is an individual who has graduated from nursing school in the

last twelve (12) months and/or has little or no prior experience as determined by

management.

A. Posting: The medical center will post new graduate nurse positions as


temporary, with house-wide rather than departmental work assignments and

responsibilities to be scheduled in the Hospital’s discretion. The probationary

period will begin on the first day of hire into the temporary position. A new

graduate nurse shall be on probationary status for six (6) months. See Article 6.1

and Article 6.4.B).

B. Training: There will be a minimum of two (2) months precepted orientation for

new graduate nurses. See Article 12.6.C. This orientation may be in a new

graduate nurse specific program or orientation with a preceptor on the floor. The

medical center will decide, based on a nurse's qualifications and/or the Hospital’s

need, when and if the nurse will be enrolled in a formal new graduate nurse

training program or receive individualized precepted orientation.

C. Compensation: During the new graduate nurse probationary period, the nurse

will be paid at Step 1 (including any overtime according to the twelve (12) and

forty (40) hour rule), but will not qualify for any other differentials or other benefits

except as provided below. After three (3) months from the date of hire, the new

graduate nurse will be eligible for all differentials listed in the Association

contract, but no benefits. If the employee accepts a status position after the

three (3) months, he or she will, from the start date of such position, be eligible

for PTO, medical/dental enrollment, and other benefits as stated in the contract.

Medical coverage shall also be in compliance with the Affordable Care Act.

D. All new graduate nurses in the same new graduate nurse orientation program will

have the opportunity to first bid on permanent positions at the same time.

ARTICLE 6. SENIORITY

Section 1. Definition of Seniority

Seniority shall be defined as the number of service hours, of continuous employment, in

a bargaining unit position from last date of hire. Service hours for seniority purposes shall be inclusive of all paid hours and MRO/MRS or scheduled standby hours


(commencing when Hospital payroll computer capacity permits independent tracking of

such hours). Overtime hours shall be counted on one-for-one basis.

A. The following units or grouping of units shall apply whenever “unit” or “nursing

unit” are referenced in this Agreement.

Post Surgical Services Cardiopulmonary / Diagnostic Imaging

Intensive Care Unit MCH: Family Birthing Center / Pediatrics / FMOS

Cancer Treatment Center Progressive Care Unit

Sky Lakes Home Health Emergency Room

Operating Room Flex Team

Pre-Op/ PACU Cardiac Cath

IV Therapy / Sky Lakes Infusion Medical Unit

Ambulatory Care Department Resource Nurses

If a nurse leaves a bargaining unit position to work in a non-bargaining unit

position within the Hospital, her/his seniority hours will be frozen for a maximum

period of two (2) years. If the nurse bids on a bargaining unit position within

these two (2) years, her/his seniority hours will be recognized as a Hospital-wide

bidder.

B. A nurse shall be informed of seniority hours by Human Resources on request.

C. The Hospital shall provide an updated, house-wide bargaining unit seniority list

every six (6) months (in April and October) to the Association (Portland office).

Section 2. Job Bidding

A. All job vacancies covered by this Agreement shall be posted electronically

Hospital-wide, and shall include the job title, shift, hours of work (either

scheduled or variable), nursing unit and qualifications.

1. Job vacancy postings shall be prepared, modified and/or withdrawn based

on operational and business considerations, not based solely on


consideration of the individual nurses who may bid.

B. The establishment and assessment of a nurse's qualifications and experience

shall be vested in management, but not exercised in an arbitrary or capricious

manner. Preference will be given to Sky Lakes Medical Center nurses in the

nursing unit who apply in the first seven (7) calendar days of the posting. When

there are equally qualified bidders, selection will be based on seniority. The

department manager will attempt to inform nurses who are not scheduled to work

during this posting period of the posting. If the position is not filled on this basis,

the second priority shall be for nurses who routinely work in the nursing unit, and

third priority from among all other Sky Lakes bidders. Again, when there are

equally qualified bidders, preference will be by seniority.

C. A bidder must accept the position as posted (i.e., full-time, part-time, or

supplemental.)

D. When a nursing unit bidder has been in the nursing unit less than six (6)

calendar months, management may approve or deny bidding on an individual

basis.

E. Nurses who successfully win a bid, transfer, or are newly hired into a nursing unit

shall be prohibited from bidding on any other position outside of their nursing unit

for a period of six (6) calendar months after the completion of department

orientation.

1. This provision may be waived by the nurse and her/his manager, with

notice to the Association.

2. This provision shall not prohibit a nurse from making an application for

any other position.

F. In the event a nurse successfully wins a bid, s/he will be transferred to said

position within the next six (6) calendar weeks, unless the nurse volunteers to

waive this provision until a qualified replacement is available to assume patient


care duties.

G. If the nurse is unsuccessful in the nurse’s or management’s opinion in the new

nursing unit within the first ninety (90) days, s/he will be eligible to apply for

available vacant positions (no displacement) in the nursing unit from which the

nurse transferred or any other available open positions.

H. A registered nurse shall not be entitled to bid into a different nursing unit if he or

she is currently on a work improvement plan, or subject to corrective action for

incidents occurring less than six (6) months prior to the bid, unless this

disqualification is waived by the Hospital in its discretion.

Section 3. Nullifying Seniority/Termination

A nurse's seniority shall be nullified and the individual's employment terminated if any of

the following occur:

1. Discharge for just cause.

2. Voluntary resignation.

3. If recalled from lay-off, employee fails to report as specified in Article 7.4.

4. Failure to report for work at the end of an authorized leave of absence.

Section 4. Probationary Period & Seniority

Seniority shall not apply during a nurse's probationary period. Upon satisfactory

completion of the probationary period, the employee will be credited with seniority in

accordance with Article 6.3.1 above.

A. A nurse with prior experience shall be on probationary employment status during

the first ninety (90) calendar days.

B. A new graduate nurse or a nurse with no prior experience shall be on

probationary status for six (6) months. See also Article 5, New Graduate Nurse.


C. The probationary status of nurses may be extended for up to an additional two

(2) months beyond the above-mentioned period by mutual agreement of the

parties.

D. Probationary nurses may be terminated at the discretion of management. Such

nurses shall not have access to the grievance or arbitration procedures on

questions concerning disciplinary action or discharge. However, on all other

matters, such nurses will have access to the grievance or arbitration provisions.

ARTICLE 7. LAYOFFS

Section 1. General Provisions Applicable to All Layoffs

A. Contract language cannot anticipate every factual situation which may exist in a

particular layoff situation. Therefore, the parties agree that the provisions in this

Article are guidelines only, subject to change through negotiations and mutual

agreement on modifications applicable and appropriate to individual layoff

situations. Absent such agreement on modifications, the provisions of this Article

7 shall control in all layoff situations. For example, a probationary nurse in a non-

displacement unit (a unit not listed in Article 7.5.G.) might be subject to

displacement through party agreements on a case-by-case basis.

B. In cases of dispute between the parties on any layoff issue, Article 17 Grievance

Procedure and Article 18, Arbitration, shall apply, but expedited grievance and

arbitration (if necessary) shall occur as follows:

Any grievance contesting actual or proposed Hospital action under this Article

shall be filed at Step 2 of the grievance procedure. If the grievance is not

resolved through this procedure and is moved to arbitration by the Association,

arbitration shall occur as follows.

An arbitrator shall be selected within seven (7) business days of the Hospital’s

Step 3 answer. It shall be a condition of the arbitrator’s selection that he/she be


willing and able to hear the grievance within thirty (30) calendar days of the Step

3 answer. One arbitrator will be selected to hear all grievances relating to

multiple layoffs that are simultaneous in time, such as a nursing unit closure. The

arbitrator shall render his/her decision within seven (7) business days of the

close of hearing.

As an alternative, the parties may utilize the grievance mediation services of the

FMCS in lieu of or prior to binding arbitration.

C. If a nursing unit experiences more than twenty-one (21) consecutive calendar

days of rotating MRO/MRS, the Association or Administration may request a

meeting to discuss staffing needs of the unit.

D. When layoffs or a reduction of nursing staff are anticipated, the Hospital will

endeavor in advance to advise both the Association and nurses in writing of such

impending action, fourteen (14) business days prior to the layoff or reduction,

specifying the nursing units involved and the number of nursing staff/hours that

will be affected. The Hospital and the Association will meet within seven (7)

business days of such notice to discuss alternatives to layoffs and/or

modifications of this Article 7 pursuant to Section 1.A. above.

E. With management approval, nurses who would otherwise be laid off may elect

to:

1. Implement alternative work schedules/work share arrangements rather

than incur a layoff/reduction of nursing staff.

a. Nurses who elect to do this rather than be laid off shall be retained

on the recall list.

F. When a nurse is on layoff, the Hospital will continue to make the Hospital portion

of medical and dental contributions for a period of up to two (2) calendar months.

G. There shall be no new hires, or utilization of temporary/traveler (agency) nurses,


if qualified (by management) laid off regular nurses are immediately available.

H. The Hospital will comply with all applicable federal legislation.

I. In the event there are no vacancies, the laid off displaced nurse is qualified to fill,

the Hospital will endeavor informally to assist the nurse in her/his job search

efforts.

J. The Hospital will not contest unemployment compensation benefits for laid off

nurses.

K. A more senior nurse may be laid off, out of seniority, if the Hospital determines

the nurse is not qualified (with reasonable orientation/education) to perform the

work of the unit during the layoff or does not possess special skills required in

the unit, which are possessed by a less senior nurse. The Hospital’s

determination will not be arbitrary or capricious.

L. Sick leave benefits may not be used during periods of layoff.

Section 2. Short Term Layoffs

A. A short term layoff is defined as one expected not to be permanent, and shall be

accomplished according to the following layoff sequence, all within the individual

Article 6.1 nursing unit where the layoffs are to occur:

1. Volunteers from the unit;

2. Temporary/Traveler (Agency) nurses; 3. Probationary nurses; 4. Supplemental nurses;

5. All other nurses on the basis of seniority, provided the remaining nurses

are capable of performing all required job duties given no more than a one

(1) week orientation.

B. For the purposes of this Article 7.2, daily fluctuation of census requiring the


Hospital to place nurses on MRO/MRS time shall not constitute a layoff or

reduction of hours.

C. Nurses who volunteer for layoff or reduction of hours, who would not otherwise

be laid off, shall do so for a minimum period of thirty (30) calendar days, but in

no event will such period exceed ninety (90) calendar days.

D. During such layoff, a nurse's status will remain unchanged.

E. If a short term layoff lasts sixty (60) calendar days, it will be considered a long

term layoff and Article 7.4 provisions will then apply (this shall not apply to Article

7.2.C situations).

Section 3. Recall From Layoff

Recall from layoff or restoration of hours shall be on the basis of seniority and

qualifications. The Hospital shall notify nurses on layoff by certified letter, return receipt

requested, to the nurse's last known address. The senior qualified nurse shall be

obligated to either accept or reject the offer of recall within five (5) business days. If the

Hospital fails to receive notice of the nurse's receipt of the recall letter within seven (7)

business days, the recall rights of the nurse shall be waived for the available position. In

the interim, while the Hospital is awaiting word of the nurse's decision to accept or reject

the offer of recall, nothing shall preclude the use of supplemental/temporary nurses to

fill the vacancy.

A. In the event a nurse declines an offer of recall to her/his nursing unit, the

Hospital shall not be obligated to contact said nurse again until and unless

another vacancy arises in the nurse's nursing unit. If a nurse declines a second

offer of recall to her/his nursing unit, s/he will then only be entitled to

reemployment consideration along with outside applicants.

B. It shall be the nurse's responsibility to keep Human Resources informed of a

current telephone number and mailing address; failure to do so shall relieve the

Hospital of any further obligation to recall said nurse. In no event will a nurse's


recall rights exceed six (6) calendar months or their length of service, whichever

is less.

C. If the nurse is not recalled from layoff within the ninety (90) calendar day period,

the Hospital will consider forgiven any amount yet outstanding for Professional

Development.

Section 4. Nursing Unit Closures or Long Term Layoffs

A. In the event of a permanent nursing unit closure or long term layoff within a

nursing unit as defined in Article 6.1, the affected nurses have the following

options:

1. Applying for open positions (which include the open reconfigured shifts

within the nursing unit if it is remaining open) for which s/he is qualified.

Preference will be given on the basis of seniority over other

bidders/applicants from outside the nursing unit in question during the

fourteen (14) business day notice period under Article 7.1.B, and the first

four (4) weeks of actual layoff.

a. “Qualified” means the ability to fully perform the open position’s

requirements within six (6) weeks’ orientation and training. Seniority

will control among competing qualified priority bidders. The nurse

must bid for, and accept if offered, such an open position, or s/he

will forfeit all future priority bid rights and all displacement rights

under Section 5 of this Article. A nurse cannot reject a bid because

of its shift.

b. Senior nurses must exercise priority bid rights promptly to allow

other nurses to make their priority bid selections.

c. A full time nurse can utilize priority bid rights on a full or part time

opening; a part time nurse may only bid part time vacancies.


2. Reducing to supplemental status if Hospital management approves, while

remaining on layoff status.

3. Layoff status: While on layoff, the nurse will retain Article 7.3.A.1. bid

priority for four (4) weeks after the first day of layoff.

B. Layoff sequence shall be the same as under Article 7.2.A.

C. Only status nurses (full time or part time) shall have priority bid rights under this

Section 4.

Section 5. Displaced Nurses

A. A nurse who is not a successful priority bidder for an open position during the

fourteen (14) business day notice period under Article 7.1.B or the first four (4)

weeks of layoff shall have displacement rights as follows, within the fourteen (14)

business day period subsequent to his/her completion of four (4) weeks layoff.

B. The laid off nurse may displace the least senior nurse, regardless of status, in

the Hospital.

1. New graduate nurses who have not bid into a position and supplemental

nurses shall not be included in the displacement process.

2. Only status nurses will have displacement rights. Only nurses who are

qualified may bump. Qualified means the ability to perform bumped

position’s requirements within three (3) weeks’ orientation and training.

3. If more than one nurse has displacement rights at the same time, the

Hospital will identify the same number of the least senior status nurse’s

(Hospital-wide) seniority, without regard to shifts or nursing units, as those

nurses being subject to displacement.

a. The nurses with displacement rights will select positions to displace


from among this identified group according to seniority.

b. Nurses displaced by this procedure will not have priority bid or

displacement rights.

C. A nursing unit may not be subject to multiple displacements if patient care would

be adversely affected, which shall be decided on a case-by-case basis.

D. The parties will meet in advance of displacement situations to try to minimize

problems and issues.

E. If a laid off nurse chooses not to exercise such displacement rights, or cannot

exercise them because of low seniority or any other reason, the nurse will remain

on layoff status.

F. During the four (4) week layoff period and the fourteen (14) business day period

for the displacement procedure, the nurse may elect not to receive any vacation,

holiday, or sick leave cash out for which they are eligible, if any. Such funds will

be paid at any time during such period that the nurse requests, or alternatively, if

no such request is made, shall be reinstated to the nurse when he/she returns to

active work. There shall be no partial cash outs of such accrued benefits.

G. The nursing units subject to the displacement process are the following: Medical,

Post Surgical, PCU, and ACD.

H. When a laid off nurse has displacement rights, the nurse must make, and

communicate to the Hospital, a final and binding decision to exercise such rights

or to stay on layoff within the first three (3) business days of the fourteen (14)

business day period of the displacement procedure subsequent to the four (4)

weeks of layoff under Article 7.4.A above.

1. The most senior nurse must select from among the available

displacement positions to allow other senior nurses to make their

displacement selections.


I. If a nurse voluntarily terminates Hospital employment, s/he will no longer have

any rights under this Article 7. (Example: Hospital offers and nurse accepts a

severance package, which specifies voluntary termination in lieu of layoff, job

bid, or displacement rights.)

ARTICLE 8. HOURS OF WORK/SCHEDULING

Section 1. The Basic Work Periods

A. The normally scheduled work week(s) for a full time employee shall be:

1. Forty (40) hours in a workweek for nurses working eight (8) or ten (10)

hour shifts.

2. Seventy-two (72) hours in a fourteen (14) day period, with varying straight

time shifts.

3. Seventy-two (72) hours in a fourteen (14) day period for nurses on 12

hour shifts with twelve (12) hours straight time per day.

B. A workday shall be defined herein as a twenty-four (24) hour period commencing

with the time the nurse first reports to work and ending twenty-four (24) hours

later.

C. Nothing in this Article 8 shall be construed as a guarantee of specific weekly

days, hours, or workweek.

D. The workweek shall begin at 12:01 a.m. (0001) on Sunday, unless the nurse is

on an alternative workweek as mutually agreed.

Section 2. Overtime

A. All nurses, regardless of status, will be paid overtime (one and one-half (1-1/2))


times the base rate plus differential(s)) for all hours worked over twelve (12) in a

day or over forty (40) in a week.

B. Premium rate pay at one and one-half (1-1/2) times the base rate plus

differential(s) will be paid in the situations outlined in Section 8.4 of this Article.

C. Regularly scheduled hours under Article 8.3 shall always be paid at a straight

time rate.

D. Nurses who at the request of the Hospital, work beyond their scheduled shift shall receive double time for all consecutive hours worked in excess of sixteen

(16) hours.

1. The Hospital will not mandate a nurse to work extra hours beyond her/his

scheduled shift except as allowed by ORS 441.162.

E. Hours compensated but not actually worked shall not count when computing

overtime; for example, hours paid but not actually worked because of holiday,

vacation, sick leave, bereavement leave, or jury duty.

F. A nurse who is scheduled off (not volunteering for or put on standby) for

Thanksgiving or Christmas, and who is thereafter called in to work with less than

twenty-four (24) hours advance notice, shall receive double time for all hours of

work on such holidays, plus differentials.

G. There shall be no duplication of premium or overtime pay, that is, no pyramiding

of premium rates. Premium pay under this “no pyramiding” rule includes any time

paid at a time and one-half (1-1/2) or greater rate.

Section 3. Work Schedules

Nurses shall have the option of submitting their preferred schedules, which

management will consider in addressing core staffing needs of the unit.


A. Four (4) week work schedules shall be prepared and posted fourteen (14) days

in advance of the work period.

1. Reasonable requests for days off must be submitted two (2) weeks prior

to the scheduled posting time.

2. Nurses shall not be scheduled for other shifts unless consulted and s/he

agrees to do so prior to final posting of the schedule.

3. Nurses working an eight (8) hour schedule shall not be scheduled to work

more than five (5) days in a row unless consulted, except if more than five

(5) days in a row is the nurse's schedule preference.

a. Nurses working a twelve (12) hour schedule shall not be scheduled

to work more than three (3) days in a row unless consulted, except

if more than three (3) days in a row is the nurse’s schedule

preference.

b. Nurses working a varying shift schedule shall not be scheduled to

work more than four (4) days in a row unless consulted, except if

more than four (4) days in a row is the nurse’s schedule

preference.

4. The Hospital will try to obtain coverage when a reasonable and timely

request for a scheduled day off is made, requesting assistance from the

nurse only when necessary.

5. The Hospital will schedule twelve (12) hour night shift nurses no less than

forty-eight (48) hours off between working shifts, subject to a nurse

agreeing to some other arrangement.

B. Once a schedule has been posted, schedule changes regarding working hours

or days shall be made with the approval of the Nursing Manager and the

agreement of the affected nurse.


1. A posted schedule shall not be changed by the nurse manager without

prior agreement with the affected staff.

2. Schedule changes or time off requests shall not be submitted directly to

shift supervisors.

3. Nurses will follow defined procedures when trading scheduled shifts.

4. Nurses must find their own coverage for schedule changes after the

schedule is posted. Such coverage must be approved by the Nursing

Manager or designee, and will not normally be approved if overtime will be

involved.

C. Nurses may be required to work every other weekend to assure fair rotation

among staff. No nurse shall be scheduled to work back-to-back weekends

without their consent.

D. Nurses may work an alternative work schedule on a voluntary basis, after

securing agreement with the Nursing Manager/Hospital.

1. The use of alternative work schedules in any given unit shall be made on

this basis of staffing needs.

E. Rotation of shifts shall not be prescheduled, and shall not be required of nurses

except in cases of emergency/critical staffing situations which cannot be solved

by the usual procedures (i.e., supplemental or floating, etc.).

1. In the event rotation is necessary, volunteers will be solicited to fill this

emergency/critical need.

2. If there are no volunteers, qualified staff will be temporarily assigned to

the necessary shift on an equitable basis.

F. In the interest of safe patient care, the Hospital, utilizing the staffing committee


as appropriate, will develop nursing unit protocols for managers and schedulers

to fairly and equitably allocate and schedule extra shifts among nurses, also to

prevent nurses from signing up for unreasonable numbers of such extra shifts.

G. When a nurse continues to work after a regularly scheduled shift, without

clocking out, into scheduled standby/on-call hours, the following will apply: The

nurse will receive standby/on-call pay at the premium rate of time and one-half

(1-1/2), including all applicable differentials, to be paid in fifteen (15) minute

increments for all time worked. A minimum of two (2) hours pay will not apply in

this situation.

H. When a nurse is called to work from MRS or standby/on-call status, the

guaranteed minimum of two (2) hours at the premium rate, including differentials,

will apply per contract language under Article 8, Section 4.

I. The Hospital's basic policy shall be to use its registered nursing staff to the

exclusion of temporary/traveler (agency) nurses for predictable short-term needs

situations; however, the decision to hire temporary/traveler (agency) nursing staff

shall remain solely with the Hospital.

J. Before arranging for an agency nurse, the Hospital shall offer each shift or partial

shift to the members of its own registered nursing staff who are qualified to

perform the work. The Hospital will offer extra shifts to bargaining unit nurses in

preference to travelers as follows: 1) short notice calls to work will be made to

bargaining unit nurses before a traveler; 2) bargaining unit nurses will have

priority to sign up for extra shifts for the first five (5) calendar days after the open

shift list is posted.

K. See Article 5, Section 5 for definition of travelers.

Section 4. Called to Work/Call from Standby or Days Off

A. A point five (.5) or greater nurse who accepts a non-scheduled shift within forty-

eight (48) hours of its start time shall receive the premium rate of one and one-


half (1-1/2) times the nurse’s base rate, plus differential(s), for all shift hours

worked. In such cases, the nurse shall be guaranteed a minimum of two (2)

hours at the premium rate of one and one-half (1-1/2) times the nurse’s base

rate and differential(s) if applicable; it being recognized that the Hospital reserves

the right to have the nurse work up to the full minimum guarantee.

B. When a nurse is called to work from MRS or standby/on call status, the nurse

shall be guaranteed a minimum of two (2) hours at the premium pay rate of time

and one half (1-1/2); it being recognized that the Hospital reserves the right to

have the nurse work up to the full minimum guarantee. When on call, a nurse

has responsibility to be reasonably available to report to work promptly, and to

refrain from actions or activities that will interfere with this obligation. Absent

emergency or nurse manager/supervisor approval after a mutual discussion, and

subject to the RN’s duty to report as soon as possible, such report time shall not

be longer than sixty (60) minutes. This timeframe does not apply to units with

mandatory scheduled call.

C. Any nurse who has not had at least ten (10) consecutive hours off, before the

nurse's next regularly scheduled shift of work, after working called to work/ MRS

may request not to work her/his next scheduled shift. The nurse must offer to

work the remaining hours of the scheduled shift after ten (10) hours off. The

nurse will not be required to use sick leave, vacation or holiday to cover work

time loss in this situation.

D. On-call refers to nurses in OR, PACU, Sky Lakes Home Health, MCH, Cath Lab,

Diagnostic Imaging, or other units which utilize mandatory scheduled on-call,

where nurses are required to sign-up for mandatory call hours each month above

hours normally scheduled to work. The differential pay for on-call and MRS is the

same. Proposed permanent changes in the normal number of hours of

standby/on-call for these departments shall be bargained with the Association

before implementation. Proposed introduction of standby/on-call for other

departments shall be bargained with the Association before implementation. The

Hospital shall give ten (10) days notice of proposed changes to the Association.

If the Association wants to negotiate on the changes, it will so notify the Hospital


and negotiations will occur within thirty (30) days from the original notice. After

such negotiations, the Hospital may implement changes as they may be modified

as a result of negotiations. Changes in mandatory scheduled standby due to

temporary staff vacancies (for example, nurses on FMLA leave causing short

term increases in mandatory standby) shall not be subject to this procedure.

Section 5. MRO/MRS

A. The skill level required shall be considered in all MRO/MRS situations regardless

of a nurse's position or status. Management Request Off (MRO) or management

request standby (MRS) days due to a decrease in census or acuity shall be done

in the following order:

1. Volunteers:

Nurses who identify themselves as requesting off (r/o) for that shift. This

will be based on an equitable rotation system if more than one nurse

requests to be off for that day;

2. Temporary/Traveler (Agency) nurses:

Temporary/Traveler (Agency) Nurses shall be placed on MRO/MRS

and/or required to float before a nurse in a status position, unless a status

position or supplemental nurse requests to be off;

3. Supplemental nurses:

Supplemental registered nurses shall be called off before a nurse in a

status position (five-tenths (.5) or greater), unless a status position nurse

requests to be off;

4. Flex Team RNs working in a nursing unit shall be called off before an RN

in a status position on a regularly scheduled shift on that unit, unless such

status position RN requests off.


5. Rotation of Nurses:

If there is still a need for MRO/MRS rotation, nurses will rotate MRO/MRS

within the nursing unit. The nurse with the lowest MRO/MRS percent will

be placed MRO/MRS first.

a. A Hospital-wide MRO/MRS Equitable Rotation System has been

developed by the Association and the Hospital based on the

Principles and Guidelines set forth in Appendix F hereto. (In case

of conflict between these Principles and the Guidelines, the

Principles shall control.)

6. In the situation where a nurse is not notified by the Nursing Office or

Department one (1) hour prior to the commencement of her/his scheduled

shift, and upon reporting for work discovers s/he is not needed for that

shift due to a low census, the nurse shall be compensated at her/his base

rate, plus differentials for two (2) hours. This two (2) hour minimum

guarantee shall not apply if the Hospital/nursing unit attempted to contact

the nurse one (1) hour before the scheduled shift at the nurse’s current

contact phone number and there was no answer. The Hospital/nursing

unit will document the attempted call and leave a message if an

answering machine answers.

a. The Hospital reserves the right to assign the affected nurse

available work within the nursing unit up to the minimum guarantee

specified above.

b. In the event the Hospital is prevented from notifying the nurse due

to causes beyond its control, e.g. phone system failure, the

Hospital will not be held to this obligation.

7. Nurses who upon reporting for work, volunteer or request to go home, and

are permitted to do so shall only be paid for the actual hours worked.


8. Full/part-time nurses shall suffer no reduction in the Hospital's contribution

toward the purchase of medical and dental insurance as a result of taking

a MRO/MRS day at the request of the Hospital.

Section 6. Working a scheduled day off

Full time nurses called to work on what would otherwise have been a scheduled day off

shall be paid for the hours of work above forty (40) per week actually performed at the

time and one-half (1-1/2) rate plus differentials.

A. For those nurses contacted and who do report to work within one (1) hour of the

starting time of the shift involved, they shall be guaranteed pay for the full

shift/hours they are requested to work, if worked.

B. For those nurses reporting later than one (1) hour from the starting of the shift

involved, they shall be paid for the actual hours of work.

Section 7. Job/Position Sharing

Nurses assigned to the same nursing unit may agree to share a status position, subject

to the approval of the Nursing Manager. In such cases, the agreed upon shared status

position arrangement will not be posted for bid. Said arrangements shall be reduced to

writing between the nurses involved and the Nursing Manager. The nurse will furnish a

copy of this written arrangement to the Association.

A. In the event one of the participants to the shared status position resigns or bids

out of the arrangement, the remaining participant shall have two (2) months to

locate a new job sharer, accept the remaining portion of the position, or seek

another position. During the two (2) month period, the remaining participant shall

be responsible for working the hours required of said status position.


ARTICLE 9. FLOATING

Section 1. Floating Procedure for Core Unit Nurses

A. The floated orienting nurse shall not be counted in the staffing complement of

the unit for patient assignments.

B. For the purposes of this provision, "supervised float orientation" shall be defined

as working with a nurse who is performing a usual assignment.

C. If a nurse has a competency skills concern with any float assignment, this

concern shall be discussed with the appropriate supervisor.

D. Orientation will be renewed if a floated nurse has not revisited a unit previously

oriented to within a two (2) year period unless waived by the nurse.

E. An orientation rotation list will be kept separate from the floating rotation list.

F. Prior to receiving a patient assignment in medical and post surgical, a nurse shall

be given a minimum of thirty-six (36) hours of comprehensive supervised float

orientation, as required by the individual skills of the nurse.

1. The minimum thirty-six (36) hour orientation may be waived by

management, or with management approval, by the nurse when the nurse

is qualified to assume responsibility for patient care with less orientation.

G. Nurses floating to ED, ICU, PCU, ACD, and/or MCH (Pediatrics and/or FBC

mother/baby care) shall be given a minimum of seventy-two (72) hours

comprehensive supervised float orientation in a period of no more than four (4)

months, as required by the individual skills of the nurse.

1. The minimum seventy-two (72) hours orientation may be waived by

management, or with management approval, by the nurse when the nurse

is qualified to assume responsibility for patient care with less orientation.


Section 2. Floating Order

A. Nurses may be floated to cover fluctuations in census in the following order:

1. Flex Team

2. Volunteers;

3. Qualified Temporary/Traveler (Agency) nurses as permitted in their

individual agreement;

4. Qualified Supplemental nurses;

5. Status position nurses, who have previously been oriented to the unit in

accordance with the provisions of Section 1 above.

B. No nurse may be floated out of a nursing unit under Article 6.1 to another

nursing unit to which another nurse has been called in from standby or

scheduled time off to work, unless by mutual agreement or due to unforeseen

emergency (poor planning is not an unforeseen emergency).

1. The Hospital will communicate to all affected nurses if there is a need for

another nurse to float to a different nursing unit under Article 6.1.

2. Nurses who work in a unit with scheduled mandatory call shall not be

required to float outside the clinical groupings under Article 6.1. A nurse

from such a unit may agree voluntarily to float at the request of the

Hospital.

C. A nurse may be conditionally assigned to a unit as a resource float. As such, the

nurse will not be given a patient assignment, but assist with the delivery of

patient care as requested by the Charge Nurse, House Supervisor or

Department Director.


1. Return to the home unit will be exercised at the discretion of the home unit

Nursing Manager or nursing supervisor.

D. Any nursing unit core staff nurse who satisfies the skill requirements of a Tier 1

Flex Team nurse may be assigned as a Tier 1 Flex Team nurse, but will not be

considered part of the Flex Team.

1. Such nurse, when she/he floats outside of her/his core home unit to a

different nursing unit (see Article 6.1) will receive Flex Team Tier 1

differential.

2. The nurse may not refuse a float request.

3. Attending to overflow patients in the nurse’s core unit does not count as a

float.

4. Float priority from the core unit will be subject to the need for the core unit

to retain an appropriate skills mix and float equity.

ARTICLE 10. LUNCH AND REST PERIODS

Section 1. Definition

Meal periods and rest breaks are uninterrupted time from the work environment,

including any and all work-related phone calls, questions, or charting.

A. When a work interruption causes an RN to have an incomplete meal period or

rest break as defined above, the nurse may:

1. Return to work at the time of the interruption and notify their supervisor or

charge nurse that they did not receive a meal period or rest break, or

2. Take a full meal period or rest break later in their shift.


B. If an RN voluntarily requests an interruption during break or lunch, Section 1(A)

of this Article 10 shall not apply.

C. It is understood that an RN should normally leave the nurse’s station for lunches

and breaks, turn off Vocera, and accept lunches and breaks when offered.

Section 2. Meal Periods

During each shift, the nurse working six (6) or more consecutive hours shall be entitled

to take a duty free thirty (30) minute break for a meal, at a site away from the nursing

unit if the nurse so chooses. Such meal periods shall be unpaid and shall be scheduled

as close as possible to the middle of each shift.

A. Nurse managers will encourage RNs to report missed breaks or meals, and will

support them in all such reports. All communications between managers and

nurses about a nurse’s individual missed breaks or meals will be conducted

privately. The goal is to work collaboratively to find a way to solve the problem of

missed breaks or meals, not necessarily to allocate blame for the problem. The

RN and charge nurse will communicate proactively and appropriately regarding

coverage for breaks and meals. The RN retains personal responsibility to take

breaks and meals when offered and reasonable, as long as patient care is not

compromised.

B. In the event the nurse is not relieved, the thirty (30) minute meal period shall be

counted as time worked for the purpose of computing overtime.

Section 3. Breaks/Rest Period

A. One fifteen (15) minute rest period shall be allowed for each four (4) hour period

of consecutive hours of work as follows:

2-6 hours: One break

6-10 hours: Another break

Over 10 hours: Another break


Meal and break periods do not interrupt consecutive hours of work.

B. Scheduling of breaks/rest periods will be coordinated between supervisors and

coworkers recognizing patient care needs come first.

Section 4. Missed Meals and Breaks

The Staffing Sub-Committee will be supported in processes and financing by the

Hospital in its ongoing efforts to find solutions to the problem of missed breaks and

lunches, with the results of these efforts to be approved by the full Staffing Committee.

Section 5. Food Availability

The Hospital will ensure that food is available for employee purchase during all shifts

seven (7) days a week, including holidays.

A. The Hospital will provide the same meal discount to nurses as to other Hospital

employees.

B. The Hospital will provide nurses working Thanksgiving and/or Christmas a

complementary meal which is served during regular cafeteria hours.

ARTICLE 11. SAFETY AND HEALTH

Section 1

The Hospital agrees to make reasonable provisions for the safety of the nurses during

the hours of their employment, to promptly review unsafe conditions brought to its

attention, and to take whatever corrective action is necessary if applicable.

A. The nurses acknowledge their responsibility to observe and follow all established

policies and procedures on the use of equipment and physical facilities.


B. The Hospital, the Association and the nurses recognize their obligation and

rights under Federal and State laws with respect to safety and health.

C. In the event a nurse believes an unsafe condition or unsafe physical plant facility

condition exists, s/he shall immediately bring the situation to the attention of

her/his supervisor, and shall file a QC form. The Hospital will take whatever

action is necessary to resolve the situation, if applicable. The Hospital will not

discriminate against any nurse for reporting any situation/condition s/he believes

to be unsafe.

D. The Hospital will provide the nursing staff educational classes on how to manage

patients of a threatening/violent psychological/mental health nature on an

ongoing basis (such as Code Gray Training currently provided).

E. The Hospital will work cooperatively with the PNCC and the Safety Committee to

develop a Hospital-wide safe patient handling program and policies (i.e.,

ergonomically safe methods of patient transfer, acquisition and use of

ergonomically safe equipment, identification of mechanical and physical lifting

situations which may lead to injury, etc.), and implement it no later than June 2010. The Hospital will train nurses about this new program/policy, including

ergonomic injury prevention measures.

Section 2. Hepatitis A and B Vaccine

The Hospital shall provide Hepatitis A and B vaccine to nurses who request it, at no

cost to the nurse.

Section 3. TB Testing

The Hospital shall continue its current practice of TB Testing and/or chest x-ray

examination should a test result show a positive reading, or if a nurse is known to test

positive. The testing shall be at no cost to the nurse.


Section 4. Security

The Hospital shall provide a twenty-four (24) hour Security Program.

Section 5. Security Cameras

For the safety of all employees and visitors, security cameras may be placed in all

areas of the Hospital except locker rooms or clothes changing rooms, and restrooms.

All new-hire employees will be informed of this in the new-hire information package.

Section 6. Security Guards

The Hospital shall assign a dedicated security guard on a 24/7 basis to the Emergency

Room. This guard may assist in other areas of the Hospital in an emergency, but the

primary responsibility will be to the Emergency Room. This Emergency Room security

guard commitment will become effective no later than July 1, 2018 to allow for hiring

and training.

Section 7. Bullying

The Hospital and the Association agree that mutual respect between and among all

employees is integral to a healthy work environment, a culture of safety, and to the

excellent provision of patient care. Behaviors that undermine such mutual respect,

including abusive or “bullying” language or behavior, are unacceptable and will not be

tolerated. Further, the Hospital shall protect nurses from bullying by patients or their

families.

A. Any nurse who believes they are subject to such behavior should raise their

concerns with their supervisor as soon as possible. If the supervisor is

unavailable, or if the nurse believes it would be inappropriate to contact that

person, the nurse should raise their concerns with their supervisor’s manager or

with Human Resources.

B. Any nurse who in good faith reports such behavior, or who cooperates in an


investigation of such behavior, shall not be subject to retaliation by the Hospital,

the Association, or by co-workers. Any nurse who believes they are being

retaliated against for reporting such behaviors should raise their concerns with

an appropriate manager, supervisor, or Human Resources representative as

soon as possible.

C. The Hospital will promptly investigate any reports of such behavior and, based

on such investigation and applying appropriate discretion, take appropriate

action, including corrective action when appropriate, to prevent the reoccurrence

of such behavior. The goal of the investigation will be to determine if bullying has

occurred.

D. The Hospital will follow up to communicate to the nurse who has reported such

behavior the findings of the investigation when it is completed. The Hospital may

choose to keep confidential, consistent with Hospital policy, the level of discipline

given to an employee who has been found to have engaged in such bullying

behavior.

E. This procedure is exclusive for resolving claims of bullying under this Section and

the grievance procedure does not apply; except that: 1) any RN receiving

corrective action for bullying may use that procedure to contest the action, and 2)

a nurse raising a claim of bullying may utilize that procedure if the bullying claim

processing procedures are not followed.

Section 8. Lactating Women

Lactating women who return to work post maternity leave and who are expressing milk

for a baby will be entitled to a reasonable rest period of no less than thirty (30) minutes

for every four (4) hours of their schedules shift or major portion thereof, pursuant to

Oregon Bureau of Labor and Industries regulations. A flexible break schedule will be

provided to lactating women for the duration of breastfeeding. The lactating woman will

be relieved by a competent RN who can continue the designated workflow while the

lactating woman is off the unit for the duration of the period the nurse is lactating. The

lactating woman will not be required to clock out for a break for expression of milk, but


will clock out on a meal period continuous with a lactation break.

ARTICLE 12. PROFESSIONAL DEVELOPMENT

Section 1. Definitions

A. Mandatory Educational Program:

Attendance is required to meet existing Hospital/Department policies, or for the

nurse to maintain satisfactory job performance. Nurses must attend mandatory

meetings.

1. The Hospital will provide no less than two (2) weeks notice for mandatory

educational programs and staff meetings, except in unanticipated

circumstances.

2. The nurse and the nursing unit manager will work cooperatively to

maximize the opportunity for a nurse, on the nurse’s request, to work

her/his regular status hours in any workweek in which a nurse does not

work scheduled hours in order to attend a mandatory meeting. Such make

up work may be direct regular core unit work, or indirect work such as

special projects, skills practice, orienting to new units, or other work.

B. Non-Mandatory Educational Programs:

1. Program content/information is directly related to the nurse’s current area

of practice, yet attendance is not required for maintaining satisfactory job

performance; or

2. Attendance is for the employee's own self development and is not directly

related to the nurse's job performance or current area of practice, yet is

nursing related.


Section 2. Compensation

A. Attendance at mandatory or approved non-mandatory meetings/programs/in-

services that occur during previously scheduled time-off will be compensated at

the nurse's base rate, plus differentials. Mandatory meetings shall be considered

time worked for overtime purposes. Nurses are obligated to attend mandatory

meetings on a non-overtime compensation basis, whenever feasible.

1. If the nurse works an eight (8), ten (10) or twelve (12) hour shift

immediately prior to or following the meeting/program, the nurse will be

compensated at one and one-half (1-1/2) times the nurse's base rate, plus differentials as per Article 20.

2. Nurses will be compensated a minimum of one hour straight time for

attending a mandatory meeting or in-service meeting on a scheduled day

off when the nurse is not otherwise working.

Section 3. Eligibility and Procedure for Hospital Payment of Non-Mandatory Educational

Programs

Nurses who desire to attend education meetings/programs will request to do so using a

form provided by the Hospital and receive authorization in writing prior to registering for

and attending the program. Approval shall be initially given by the department manager,

but final approval of Hospital payment shall be at the PNCC level. The PNCC shall

develop procedures to accomplish responsibilities under this section.

A. After completion of one (1) year of employment, nurses with a status of

five-tenths (.5) or greater will be eligible to attend external educational programs,

other than those required for her/his job.

B. The Hospital will provide a bi-annual maximum of seventy-two (72) paid hours

per number of nurses who are five-tenths (.5) or greater for this purpose, not to

include required training classes.


C. The Hospital will budget three hundred fifty dollars ($350) per fiscal year per

status nurse for external educational programs (tuition reimbursement and travel

expenses to be agreed upon on a case-by-case basis).

1. The Hospital may pay a nurse up to a maximum of one thousand two

hundred fifty dollars ($1,250) each fiscal year, except the Hospital may

pay a specialty certified nurse (as defined in Section 9 below) who attends

a national conference in their specialty up to a maximum of two thousand

dollars ($2,000) each fiscal year. Such reimbursement will be made only if

it does not unduly deny other nurses from attending external educational

programs. Normally fifty percent (50%) of budgeted funds will be saved for

educational programs in the second half of the fiscal year.

2. The PNCC shall regularly publicize remaining available funds for such

programs and encourage nurses to fully utilize available fiscal year funds.

D. The Hospital, Association, and bargaining unit nurses recognize the importance

of nurses remaining current on the changes occurring in nursing practice and

how these influence patient care. It is the intent of both parties that educational

leave shall be available to nurses on all shifts on an equitable basis.

1. The Hospital will make reasonable work schedule accommodations for

those nurses scheduled to work (evening/nights) on the day of an

educational program.

2. To the extent eligible for paid leave, a nurse will not take a reduction in

pay because of attendance at an approved educational program.

E. Nurses who attend educational programs may be required to make a report or

presentation regarding the educational experience to their other staff members

and share the materials received from the experience within their nursing unit.

F. The Hospital assumes no liability whatsoever for a nurse traveling to or from or

attending any non-Hospital related outside activity off the premises of the


Hospital to the extent allowable by law.

Section 4. Nursing Unit Required Training

A. Time spent in mandatory nursing unit training or in-services shall not be included

in a nurse's non-mandatory paid education hours.

B. The Hospital will grant a nurse paid time for mandatory training.

Section 5. In-Service Programs

A. The Hospital shall give no less than two (2) weeks advance notice for in-service

programs except in unanticipated circumstances. When reasonably possible, the

Hospital shall make in-service programs available to nurses on all shifts.

Section 6. Orientation of New Hires

Each newly hired nurse shall be provided with a specific and detailed orientation,

individualized according to the nurse's previous experience, expressed needs and

familiarity with a nursing unit.

A. Nurses will not be considered in the Hospital's patient-staff ratio while

undergoing the orientation process.

B. Regular evaluation of the nurse's performance throughout the orientation will

occur to determine additional needs for the nurse.

C. Recently graduated nurses or nurses with no prior experience shall receive a

minimum of two (2) months precepted orientation.

1. The recently graduated nurse, upon successful completion of her/his

precepted orientation, shall be mentored by at least one (1) experienced

nurse in the unit of hire for a period of nine (9) months. This is an informal

mentoring program, not a precepting program.


Section 7. College Courses

A. The Hospital will provide tuition reimbursement based on provided receipts to

nurses who successfully complete college level nursing education programs. The

criterion for determining reimbursement is as follows:

1. The course must relate to the nurse's current Hospital work or future

Hospital position in nursing. This determination will be made at the

discretion of the Nursing Administration; such approval shall not be

unreasonably withheld.

2. Nurses must request reimbursement on a form provided by the Hospital

and receive authorization in writing prior to registering for the course(s).

The written request, including goals to be obtained, must be submitted to

Nursing Administration. Approval of tuition reimbursement will be made by

the Vice President in charge of Nursing Services upon recommendation of

the nurse's immediate supervisor.

3. For reimbursement, the nurse must receive a grade of "C" or higher for

undergraduate courses, a grade of "B" or higher for graduate courses, or

the nurse must pass in pass/fail courses.

4. Reimbursement for courses completed will be as follows:

a. The maximum budget available for this program shall be twenty

thousand dollars ($20,000) per year. Unused monies shall not be

carried over from year to year. Allocations from this fund to an

individual nurse above $5,000 per fiscal year shall be approved by

the PNCC.

5. If the nurse leaves the employment of the Hospital for any reason before

one (1) calendar year following receipt of reimbursement under this

program, s/he shall be responsible for reimbursing the Hospital for any

monies paid out in total under the program, unless the Hospital waives


this provision in writing.

Section 8. Education Leaves

Education leaves of up to one (1) year, which are directly related to the practice of

nursing, may be granted, provided the nurse making the application has completed one

year of continuous employment with the Hospital. Nurses may request such leaves in

increments of less than one (1) year.

A. In no event will more than three (3) nurses in any one (1) year be permitted to

take such leave.

B. The right of approval shall be vested exclusively with the Hospital. The Hospital

will not be required to guarantee return rights to nurses taking such leave to

position, nursing unit, hours or shifts held prior to such leave.

1. Within thirty (30) calendar days following the expiration of such leave, the

nurse must exercise her/his rights under Article 6, Section 2, and be

successfully awarded a position to retain their original seniority date. If a

nurse fails to exercise her/his bidding rights within the thirty (30) calendar

day period, the original seniority date will be lost.

2. Thereafter, the nurse may apply for any available position and will be

considered along with any other external applicants.

C. While on such leave, the nurse shall cease to accrue any additional holiday pay,

sick leave, or any other accrual benefits, or time toward tenure increases. Upon

commencing such leave, the nurse may continue to participate under the

Hospital's medical and dental insurance programs consistent with applicable

state or federal law.

1. A nurse shall accrue the benefits listed above, if while on such leave s/he

continues in the employ of the Hospital in a status of five-tenths (.5) or

greater as defined elsewhere in this Agreement.


Section 9. Specialty Certification

A. The Hospital recognizes the value of nurses being certified in their area of

nursing practice. As such, nurses who obtain and maintain a nationally

recognized specialty certification will be reimbursed the cost of the:

1. National certification examination fee on a one-time basis.

2. National re-certification by continuing education credit renewal fee (this

does not include the cost of required continuing education hours if re-

certifying by continuing education credits); or

3. National re-certification by exam fee provided that the certification has not

lapsed.

4. Proof (e.g., card or certificate) of specialty certification(s) for specialty

certification premium shall be submitted to Human Resources.

B. The nurse qualifying for reimbursement will submit proof of certification or

certification renewal with proof of the amount paid (e.g., copy of the check

submitted, credit card billing statement (with the credit card number blacked out),

money order receipt, etc.) for either the certification examination or renewal fee.

Section 10. Instruction Time and Pay

A. Nurses shall receive their normal pay rate, including differentials, for instruction

time, including reasonable preparation time. Preparation time is coordinated with

and approved by the department director.

1. When instruction time conflicts with regularly scheduled hours (for

example, when a night shift nurse is requested to teach a class of four

hours or greater), the nurse will be paid for regularly scheduled hours

even if instruction and reasonable preparation time (which will be decided

in advance) are less.


2. The nurse shall be available to perform normal scheduled work not in

conflict with instruction time unless excused by the manager or House

Supervisor.

3. Instruction time and reasonable preparation time shall be considered

working time for overtime purposes.

Section 11. Reimbursement Disclaimer

The Hospital shall not be obligated to reimburse any other educational expenses

incurred by the nurse, which were not approved in advance by the Hospital.

ARTICLE 13. PROFESSIONAL NURSING COMMITTEES

Section 1. PNCC

The parties reiterate their mutual commitment to quality safe patient care. In a joint

effort to assure optimal nursing care and maintain professional standards and

continuing education, a committee shall be established and shall meet to examine and

formulate recommendations regarding education, staff development, and recognition,

as well as obtaining and maintaining specialty certifications of RN staff.

A. The Association shall appoint four (4) nurses from the Bargaining Unit. The

Hospital shall designate four (4) members, one of whom shall be the Chief

Nursing Officer, or such other person(s) as may be designated by Nursing

Administration.

B. The committee shall normally meet at least quarterly to accomplish its

assignment, and otherwise as mutually scheduled. An agenda shall be prepared

in advance. Normally meetings will last one (1) to two (2) hours.

C. Bargaining unit nurses who are committee members shall be released from work

duties whenever possible and paid up to two (2) straight-time hours per month


for attendance at committee meetings and committee related work, unless

otherwise approved by the Hospital.

D. Upon request by the committee, the Association and Hospital will supply

relevant, non-confidential information and records necessary in each party's

judgment, to fulfill the committee's goals.

E. If, after exploring alternatives, a mutually agreeable solution is reached by the

committee members, such shall be implemented by the Hospital.

F. The committee charter, meeting minutes and documents regarding usage of

educational funds shall be maintained on the Hospital intranet.

G. This committee shall have no authority to erode management rights under

Article 3.

Section 2. Staffing Committee

The Hospital and registered nurses will act in compliance with ORS 441.154 – 166. In

the event that the provisions of ORS 441.154 – 166 are changed, the provisions of this

Article will be deemed modified in accordance with such changes. The Staffing

Committee shall be responsible for review and approval of unit specific staffing plans

for nursing services as proposed by each unit’s Unit Practice Committee.

A. The Staffing Committee shall have, as its primary goal, the provision of safe

patient care and adequate nurse staffing.

B. The Staffing Committee charter and meeting minutes will be posted on the F:

Drive. The Staffing Committee charter and minutes or other documents will be

maintained electronically.

C. The bedside nurse members of the Committee, or alternates if replacing a

member, will be released from duty, and will always be paid for time spent in

Committee meetings as well as subcommittee meetings and other duties related


to Committee work as requested by the Committee. The Committee member

must provide as much notice as possible in light of the circumstances if they are

not able to attend a meeting in order to facilitate the alternate being released

from duty. The Committee member or alternate will coordinate with the

department director regarding options for release from duty. These may include:

Attending the Committee meeting as a part of their regularly scheduled shift, or

working their shift and attending the meeting without working additional hours or

losing hours. Alternatively, a nurse scheduled to work during the Committee

meeting day may: 1) opt to swap shifts with another qualified nurse and attend

the meeting as their sole work assignment that day; 2) take PTO for the

remaining hours of a scheduled shift; or 3) work with their director to adjust their

schedule to accommodate attendance at the meeting.

1. Nurse members or alternates who are not on duty will be paid their hourly

wage for time spent in full Committee approved activities and for

reasonable time (up to twelve (12) hours per year) for private RN

meetings in preparation for Staffing Committee meetings.

D. The bedside nurse co-chair will also be paid for reasonable hours spent in such

activities, as requested by the Committee.

E. The Association will oversee the selection of registered nurse Committee

members and alternates.

Section 3. Staffing Plan

Each unit’s staffing plan shall comply with current Oregon law. (A-H below are required

by ORS 441.154-166 and will be modified to comply with changes in the law.

A. Be based on an accurate description of individual and aggregate patient needs

and requirements for nursing care.

B. Be based on the specialized qualifications and competencies of the nursing staff.

The skill mix and competency of the staff shall ensure that the nursing care


needs of the patients are met and shall insure patient safety.

C. Be consistent with nationally recognized evidence-based standards and

guidelines established by professional nursing specialty organizations and

recognize differences in patient acuity.

D. Establish minimum numbers of nursing staff including licensed practical nurses

and certified nursing assistants, monitor techs, and unit secretary required on

specified shifts. At least one registered nurse and one other nursing staff

member must be on duty in a unit when a patient is present.

E. Include a formal process for evaluating and initiating limitations on admission or

diversion of patients to another acute care facility when, in the judgment of the

direct care registered nurse, there is an inability to meet patient care needs or a

risk of harm to existing and new patients.

F. Be based on a measurement of hospital unit activity that quantifies the rate of

admissions, discharges and transfers for each hospital unit and the time required

for a direct care registered nurse belonging to a hospital unit to complete

admissions, discharges and transfers for that hospital unit.

G. Be based on total diagnoses for each hospital unit and the nursing staff required

to manage that set of diagnoses.

H. Must consider tasks not related to providing direct care, including meal periods

and rest breaks.

I. Define the charge nurse’s appropriate patient assignment.

Section 4. Quality Assurance and Evaluation of Staffing Method

The Hospital shall provide at each Staffing Committee meeting necessary data to allow

the Staffing Committee to evaluate and monitor the staffing plan for effectiveness,

including Association staffing requests and documentation forms.


Section 5. Unit Practice Committees

A. Each unit or grouping of units is responsible for developing a Unit Practice

Committee (“UPC”) which shall consist of staff nurses and management

representatives. Staff nurse representatives shall be selected by nurses on the

unit in accordance with the unit’s UPC charter. UPC members shall ensure the

flow of communication regarding UPC decisions and recommendations to all

staff and represent the voice of all staff at the committee.

B. Purpose of UPC. The UPC is the foundation for shared governance at the unit

level. Its structure provides for the involvement of the UPC in local decision

making by creating an environment in which nurses have a voice in determining

nursing practice, standards and quality of care and ensures a system of shared

decision-making and accountability with the goal of improving patient care and

staff engagement.

C. Recommendations, functions and authority. The UPC is responsible for making

recommendations and performing functions that advance the delivery of

professional nursing, including but not limited to:

1. Unit goals related to nursing practice, quality of care and patient safety.

2. The development, monitoring, and evaluation of the unit staffing plan

throughout the year. The UPC will assure that any contemplated changes

to the unit staffing plan will be communicated to all staff nurses on the unit

followed by a reasonable period for input prior to finalizing the

recommendations. The UPC, at its discretion, may conduct a non-binding

vote of the bargaining unit nurses on the unit to gauge support for the

recommended changes, results of which shall be s hared with the staff.

On an annual basis, each UPC will submit a written unit specific staffing

plan to the Staffing Committee. Each UPC will, as needed, conduct a

review of the staffing plan’s performance and make recommendations for

adjustments where appropriate.


3. Review and provide input into unit and division patient care policies.

4. Other tasks agreed to or assigned by the Hospital.

D. Decisions and recommendations made by a UPC must be in compliance with the

current contract, statutory regulations, and hospital policy and procedure, and

will be made in a collaborative manner.

E. UPC Activities

1. Each unit or unit grouping will establish a charter that includes a process

for selecting members who will represent all nursing staff and that

contains parameters for length of membership, rotation of members, and

a decision-making process. A staff nurse will serve as the chair to set

agenda at all UPC meetings in collaboration with unit managers or

directors.

2. Nursing staff members will have access and input into agendas and

decisions. Availability of meeting minutes to all nursing staff is a

requirement. UPC meetings will be open to all staff nurse members not on

duty or can be released from duty. Time and location will be

communicated to nursing staff.

3. Issues which cannot be satisfactorily resolved at the UPC level may be

forwarded to the Hospital Nursing Practice Council (“HNPC”). The HNPC

will review all such issues of concern and determine if further action is

warranted.

4. The UPC must obtain consent of another department over decisions

which interact with that other department’s operations.

F. Paid time. UPC members will be paid for time spent in UPC meetings and other

duties related to UPC work as requested by the UPC. Meetings will be scheduled

to minimize impact on patient care and to accommodate nurses’ schedules as


much as possible, but it is recognized that all members of the committee may not

be able to attend every meeting in light of patient care requirements.

Section 6. Hospital Nursing Practice Council

The Hospital Nursing Practice Council (“HNPC”) provides leadership and direction to all

UPC’s and assists in the creation of a professional practice environment. It serves as a

clearinghouse for UPC issues being presented and disseminates them to the

appropriate UPC, committee or department for consideration and/or action. The HNPC

will ensure that individual UPC’s are aligned with the organizations strategic goals, are

not duplicating efforts, are aware of other UPC’s decisions on best practices and that

UPC decisions are appropriately consistent throughout the organization.

The HNPC membership will be comprised of one manager/director and one staff

member from each UPC. The CNO or their designee will facilitate the HNPC.

The HNPC will establish a charter and maintain meeting minutes that are available for

all nursing staff members.

No contract negotiations shall occur and no grievances shall be discussed at UPC or

HNPC meetings except grievances which raise or involve specific nursing practice

issues.

ARTICLE 14. SUBSTANCE ABUSE

The Hospital has implemented a drug and alcohol substance abuse policy for all

Hospital employees, including bargaining unit nurses.

Section 1. Nurse Treatment Options

A. Nurses are encouraged to seek evaluation and treatment for problems resulting

from chemical and/or alcohol use.

B. Nurses may obtain confidential (to the extent allowed by law) evaluation and


counseling through the Employee Assistance Program (EAP).

C. Nurses may voluntarily enter themselves into the Oregon State Board of

Nursing's Nurse Monitoring Program.

Section 2. Objectives

To inform Hospital nurses that:

A. Involvement with alcohol and/or drugs is prohibited where job performance is

diminished/affected.

B. That in "for cause" situations, submission to alcohol/drug testing through "body

fluid collection" (defined as the collection of blood, urine, or other means utilized

for the purposes of evaluating the presence of prescription or non-prescription

drugs/chemicals and/or alcohol) may be required as a condition of continued

employment.

Section 3. Recognition of the Impaired Nurse

A. The Hospital will provide managers/supervisors with training in recognizing

symptoms of chemical impairment on a regular basis.

1. At least one nurse representative from the Bargaining Unit will be invited

to participate in each training session. The purpose of such training

session is to share information and to increase knowledge and skills in

dealing with chemical impairment, not to establish rigid, binding policies.

Section 4. Policy

A. Bargaining Unit Nurses will cooperate with the Hospital's Alcohol and Drug Policy

as follows:

1. Nurses are subject to discipline for possession, sale, transfer, offering or


use of drugs and/or alcohol while on the Hospital premises, or while

conducting Hospital business, or in other circumstances which adversely

affect the Hospital's operations or safety.

a. The only exception to this rule is for a nurse possessing or using as

directed a drug which is prescribed for that employee by an

MD/NP/CNM and which does not impair safe or efficient job

performance.

2. All nurses must abstain from alcohol and/or drug use while "on-

call/standby" status, in accordance with Hospital Policy.

B. A nurse consenting to body fluid testing will have access to all information that

the Hospital is relying on to substantiate discipline imposed on the nurse in

accordance with the Hospital's Alcohol and Drug Policy.

1. Such information will be provided subsequent to imposition of discipline.

2. A nurse, when requested by the Hospital to sign a Last Chance

Agreement, will also be given a copy of the Hospital’s Drug and Alcohol

Policy.

C. The Hospital will use only a Department of Health and Human Services (DHHS)

approved lab for body fluid testing.

ARTICLE 15. PERSONNEL RECORDS

Section 1. Access to Records

A. A nurse and/or the nurse's designee, appointed in writing, shall have the right to

examine the nurse's personnel records and to make copies of any material

therein, except for confidential reports from previous employers and records of

an individual relating to the conviction, arrest or investigation of conduct


constituting a violation of the criminal laws of this state or another state of the

United States.

B. The nurse may place in the file any response to material therein or any other

material relevant to her/his employment, provided that prior to placement of a

response in the file, the Hospital shall have the opportunity to review the material

to insure knowledge thereof.

C. The Hospital will comply with applicable state laws in maintaining personnel files.

Each nurse shall have the right, on request, to review his/her personnel records

kept on file in the Department Director’s office or in Human Resources, and

receive copies of such records without charge if the request is for ten (10) or

fewer pages.

D. Materials showing proof of certifications required by the Hospital and provided by

the Hospital on an internal basis shall be placed in the personnel file or online.

Section 2. Changes in Personnel Records

A. In any case where agreement has been reached between the Hospital and the

Association to make revisions in an employee's personnel records, the

Association shall, upon request to the Hospital and with written authorization of

the employee, be allowed to inspect the records to insure that the agreement to

revise has been complied with.

B. Disciplinary notices shall become null and void after a period of eighteen (18)

months, but this shall not affect the validity of any other discipline.

1. Once null and void, such notices shall be considered inactive and will be

kept in a locked storage area. Only the Human Resource Director, or

designee, will have access to such information/records except by written

permission of the affected nurse.

a. With written permission of the nurse, the Association


representative(s) may also have access to the nurse’s active and

inactive information/ records.

2. Disciplinary notices older than eighteen (18) months may only be used to

show knowledge by the nurse of policies if the nurse denies such

knowledge.

C. Nurses shall receive, on their request, dated copies of all evaluations or written

disciplinary notices, placed in the Human Resources file and shall have the right

to respond in writing and have that response attached to any such notices or

other material in the Human Resources file. No charge will be assessed if the

nurse requests ten (10) or fewer copies.

ARTICLE 16. DISCIPLINE AND DISCHARGE

Section 1. Just Cause

No nurse shall be discharged or subject to a disciplinary action without just cause.

Section 2. Right to File Grievance

See Article 17, Section 2.

Section 3. Right to Representation

In any investigatory meeting which may lead to disciplinary action or discharge of any

nurse, or in any meeting to inform a nurse of discipline:

A. The nurse has the right to request Association representation.

1. The Hospital shall assume no financial obligation when the affected

registered nurse is represented by an Association representative who is

not on duty, except that, such Association representative shall be paid up


to one (1) hour’s pay at his/her normal straight time rate for participation in

the first investigatory interview involving a nurse’s potential discipline.

Subsections c and d below apply to such payments. A bargaining unit

nurse who is on duty and who serves as an Association representative at

such a meeting shall be paid up to one (1) hour for such time, subject to

the following conditions:

a. The Association representative nurse shall receive permission from

the Charge Nurse, Department or House Supervisor to leave

his/her home unit.

b. The nurse being interviewed must accept the Association nurse

representative who is most easily released from normal work duties

in light of all Hospital patient care needs. The Association will have

the final say as to which equally available Association nurse

representative will be assigned to the RN who is the subject of

investigation.

c. Pay to the Association nurse representative in such circumstances

is not precedent for other situations in which Hospital nurses

perform Association services; and

d. Such paid time must be devoted solely to representation of a nurse

at such investigatory meeting.

2. When the meeting is scheduled and before it starts, the supervisor will

advise the affected nurse of her or his rights under this Section. Failure to

do so, however, shall not affect the validity of the discipline imposed.

a. Email will not be used as a sole method of investigative meeting

notification by the manager. Multiple communication methods will

be attempted. Personal contact is preferred.

B. Said meeting for day shift nurses shall normally occur as close as possible to the


end of the nurse’s shift if s/he is working, depending on the nature of the

violation and patient care considerations, and all surrounding circumstances.

1. Depending on the nature of the violation, patient care considerations, and

all surrounding circumstances, investigatory meetings for off duty or night

shift nurses shall be scheduled at a time which reasonably allows for

Association representation if the nurse has requested such. Two (2) hour

minimum guaranteed pay rate is not applicable in such situations.

2. The Hospital shall notify a nurse who is the subject of the investigation as

soon as possible after the investigation is complete. If the investigation

takes more than fourteen (14) days from the first (1st) interview of the

investigated nurse, the Hospital will notify the nurse of the status of the

investigation and of the projected timeframe for concluding the

investigation.

C. The Association shall provide the Hospital on a quarterly basis with a list of

nurses who are authorized to serve as representatives.

D. The parties will each comply with laws with respect to such meetings. Both

parties will provide training in applicable law to their respective representatives or

managers.

Section 4. Discharge Reasons

At the time any non-probationary nurse is discharged, s/he shall be provided with the

specific reasons for discharge from the Hospital, in writing. The Association

representative, if present, shall also be provided a copy of such discharge notice at the

same time. When the Association representative is not present, the written corrective

action will be emailed to the Local Association President and Association Labor

Representative within two (2) business days, unless the nurse subject to corrective

action, after being informed of this notice requirement, specifically instructs the Hospital

not to do so.


ARTICLE 17. GRIEVANCE PROCEDURE

Section 1. Grievances Generally

An Association or nurse allegation that the application or interpretation of the specific

provisions of this Agreement by the Hospital is in violation of the Agreement, may be

submitted as a grievance in accordance with the procedures, time frames, and

conditions of this Article. Grievances must be based on alleged contract violations, not

exclusively Hospital policies or programs which are non-contractual in nature.

All time limits in this Article 17 may be extended by mutual agreement of the parties.

Section 2. Grievances on Contract Interpretation

It is the intent of the parties that non-disciplinary concerns (for example, a pay issue,

scheduling, contract interpretation issue, etc.) be adjusted informally by discussing the

issue with the immediate Director/Unit Manager and/or Human Resources. The nurse

may choose to have an Association representative present during this discussion. This

meeting shall not be bypassed.

A. If issues are not resolved in this informal meeting, the nurse may choose to file a

formal grievance. The formal grievance on such non-disciplinary issues must be

filed before fourteen (14) calendar days have elapsed from the time the nurse

was aware, or reasonably should have been aware, of the concern.

Section 3. Grievance Involving Corrective Action

A. A nurse desiring to appeal a verbal (with written documentation) or written

disciplinary action shall start at Step 1 of the grievance procedure.

B. A nurse desiring to appeal a suspension or a discharge shall start at Step 2 of

the grievance procedure.

C. The grievance shall be presented to the Department Director/Nurse Manager


and Director of Human Resources within seven (7) business days from the date

the nurse became aware or reasonably should have been aware of the

corrective action constituting the grievance.

Any grievance filed outside of time frames specified in Sections 2 and 3 herein shall be

considered null and void. The other time limits contained herein may be extended by

mutual written agreement, for example, email.

Section 4. Steps of the Grievance Procedure

Step 1. FILING A FORMAL GRIEVANCE

The nurse or Association shall reduce to writing the following:

• the nurse's understanding of the issue/dispute;

• the specific provisions of the Agreement that have allegedly been

violated;

• the relief desired.

A. The Department Director, or designee, shall meet with the grievant and/or

Association Representative within a reasonable time. The Department Director

shall give a written decision to the grievant within seven (7) business days after

the meeting.

B. If the nurse is appealing a disciplinary action that has been delivered by the

nurse’s director, the grievance shall start at Step 2.

Step 2. APPEALING A GRIEVANCE

If the grievance is not settled at Step 1 above, the nurse may appeal it by giving written

notice of such appeal to the appropriate Vice President and the Director of Human

Resources within seven (7) business days after receipt of the Department Director's

written answer.


A. The Vice President or designated representative shall meet to discuss the

grievance with the nurse and Association representative at a reasonable time to

be fixed by the Vice President or designated representative within seven (7)

business days of receiving the nurse's written appeal.

B. The Vice President or designated representative shall give her/his written answer

to the grievance within seven (7) business days following the conclusion of the

meeting.

Step 3. APPEAL OF A GRIEVANCE TO THE HOSPITAL PRESIDENT

If the grievance is not settled in Step 2 above, the Association may appeal it by giving

written notice to the Director of Human Resources of such appeal within seven (7)

business days, after receipt of the Vice President's or her/his designated

representative's written response, to the Hospital's President or her/his designated

representative who shall meet to discuss the grievance with the aggrieved nurse and

Association representative at a mutually agreeable time and location within seven (7)

business days of receiving the nurse's written appeal from Step 2.

A. The President or designated representative shall give a written answer to the

grievance within seven (7) business days from the date the meeting was

concluded.

Section 5. Grievance Procedure Agreement

The parties agree they will follow the foregoing Grievance Procedures in accordance

with the respective steps, time limits, and conditions contained therein. If, in any Step,

the Hospital's representative fails to give a written response/answer within the time limit

set forth, the grievance may be appealed to the next step at the expiration of such time

limit.

A. If the nurse or the Association fails to follow the foregoing grievance procedures

in accordance with the steps, time limits and conditions contained therein, the

grievance shall be deemed null and void.


Section 6. Grievance Settlement and Retroactivity

The settlement of a grievance in any case shall not be made retroactive for a period

exceeding the date the original grievance occurred.

A. In disputes involving pay related matters, the maximum retroactive application

shall be sixty (60) calendar days from when the nurse alleges a violation of the

contract.

Section 7. Authority of Representatives

The parties understand and agree that their respective representatives, or designees, in

the Steps of the Grievance Procedure have the authority to make binding settlements,

consistent with the existing Association internal appeals procedures.

Section 8. Arbitration Rights

Only the Association may require arbitration of the Hospital.

Section 9

No nurse shall be paid by the Hospital for time spent in arbitration proceedings.

Section 10. Association's Right to Grievance Process

Nothing contained in the provision shall prohibit the Association from raising and

processing grievances for alleged violations of this Agreement. Such grievances shall

be initiated at Step 2 of this procedure.

A. The Association reserves the right to file a grievance on behalf of a nurse or

group of nurses with or without the nurse’s signature, but affected nurses must

participate in the grievance process.


Section 11. Mediation

The parties may agree to FMCS grievance mediation to try to resolve any grievance

dispute, including discharge and discipline grievances.

ARTICLE 18. ARBITRATION

Section 1

In the event the Association desires to submit the dispute to arbitration, it shall notify

the Director of Human Resources in writing within ten (10) business days after receipt

of the Hospital's written answer in Step 3 of the Grievance Procedure. The parties will

attempt to select an impartial arbitrator within five (5) business days from the date the

Association's notification to arbitrate has been received by the Director of Human

Resources.

Section 2

If the parties cannot agree upon the selection of an arbitrator through the method

specified above, then, within ten (10) business days thereafter, upon written notice by

the Association to the Director of Human Resources and to the Federal Mediation and

Conciliation Service (FMCS), a panel of seven (7) arbitrators shall be requested.

Thereafter, parties, by the "flip of a coin," shall determine who will strike a name first.

The sole name remaining shall be appointed as the arbitrator. In discharge disputes,

the parties will attempt to select an arbitrator who can hear the case promptly. Post-

hearing briefs shall be due within thirty (30) calendar days of the close of hearing, and

the Arbitrator’s decision shall be due within thirty (30) calendar days from the

submission of post-hearing briefs.

Section 3

Each party shall bear the expense of its representatives, participants, witnesses and for

the preparation and presentation of its own case. The fees and expenses of the


Arbitrator, the hearing room, and any other expenses incidental to the arbitration

hearing shall be borne equally by the parties. Transcription fees shall be shared only if

both parties request a copy of same.

Section 4

No matter, other than a grievance, which is an alleged violation of a specific provision

as written and expressed in this Agreement, can be reviewed on the merits by the

Arbitrator.

Section 5

The Arbitrator shall have no authority to add to, subtract from, modify, change, or alter

this Agreement, or any expressly written amendment or supplement thereto; or to

extend its duration or to make any decision which would have the practical result of

doing so without the express written consent of both parties. The Award of the Arbitrator

so made shall be final and binding on the parties.

Section 6

An arbitrator shall not review more than one grievance on the same hearing date or

series of hearing dates, except by mutual agreement between the parties.

Section 7

Pending the raising, processing, and settlement of the grievances and the Award of the

Arbitrator, and during the term of this Agreement, the parties agree to abide by all of the

provisions of Article 26, (No Strike/No Lockout) of this Agreement.

Section 8

The grievance and/or arbitration provisions of this Agreement shall not be available in

cases involving the interpretation, application, or violation of Article 26 of this

Agreement, by the Association. The Hospital shall be free to seek appropriate relief for


any alleged violation of Article 26 in the applicable court.

A. In the event the Hospital imposes discipline against any nurse for an alleged

violation of Article 26, the Association shall be free to request arbitration of

same.

1. An arbitrator will have the authority to consider whether the conduct of the

nurse was in fact a violation of Article 26 and whether the penalty imposed

is appropriate.

Section 9

No facts or evidence of alleged consistent or inconsistent treatment of other employees

in allegedly similar situations to a nurse who has been disciplined or discharged shall

be requested in grievance procedures or considered relevant or admissible in

arbitration proceedings, except evidence or facts involving bargaining unit nurses

occurring in the three (3) year timeframe (thirty-six (36) months) prior to the discipline or

discharge in question.

Both parties will disclose in advance of the arbitration hearing any alleged consistent or

inconsistent discharge or discipline decisions which they will seek to introduce into

evidence.

Section 10

The Award of the Arbitrator shall be made no later than thirty (30) calendar days from

the date of the close of the hearing or the receipt of any post-hearing briefs submitted

by the parties unless otherwise agreed upon by the parties.


ARTICLE 19. EVALUATIONS AND STEP INCREASES

Section 1. Evaluation

A nurse is to be formally evaluated on an annual basis (twelve to sixteen (12-16)

months). On request, the nurse shall receive a copy of her/his evaluation, at the time of

signature by the nurse manager and nurse.

Section 2. Step increases

A. A new graduate nurse or nurse with no previous registered nurse work

experience will be classified as a new graduate nurse until s/he satisfactorily

completes the probationary period requirements.

B. A nurse will be eligible for a step increase provided the nurse has earned the

requisite number of compensable hours since the nurse's previous step

increase, as follows:

Hours Required to

Step Advance to the Next Step

Step 1 2080

Step 2 2080

Step 3 2080

Step 4 2080

Step 5 2080

Step 6 4160

Step 7 4160

Step 8 6240 Step 9 6240 Step 10 6240 Step 11 6240

Step 12 6240

Step 13 NA


Since the Association and the Hospital changed the number of hours required for

each step from the prior Agreement, nurses will advance to the next step based

on their current step hours and be paid accordingly. The initial step adjustment

will be in the first full payroll period in January 2018. As a result of this change,

no nurse will be subject to a reduction in base wage or step placement. No nurse

will advance more than one step, and will start fresh to accrue hours at that step.

For example, a nurse currently has 5000 hours at Step 7. That Step is reduced

in the first payroll period in January 2018 to 4160 hours from 6240 hours. The

nurse will move to Step 8 the first full payroll period in January 2018, and reset

the hours required to move to Step 9.

C. A nurse satisfying the hours requirement for a step level increase becomes

eligible for the step increase.

1. If a nurse has not earned the requisite number of hours since the nurse’s

prior anniversary date, the nurse will be eligible to advance to the next

step upon completion of the requisite number of hours.

D. Step levels are not the equivalent of years of service.

E. Step increases will not be withheld.

Section 3. Hiring A Nurse With Prior Experience

The Hospital, when hiring a nurse who has prior experience as a registered nurse, shall

be guided by the "Hiring Salary Guidelines" available in the Human Resources

Department on request.

Section 4. Merit Raises

The Hospital retains the right to reward an individual nurse's performance, over and

above the provisions called for in this agreement, by granting merit increases and/or

bonuses or other rewards.


Section 5. Hours Credit for Twelve (12) Hour Shift Nurses

The Hospital will credit nurses on a twelve (12) hour per day, seventy-two (72) hour per

pay period (.9) work schedule with additional hours for step increase eligibility as

follows:

3-31-18 208 Hours

3-31-19 208 Hours

3-31-20 208 Hours

A. To be eligible for these hours credit, the nurse must have worked continuously in

a .9, twelve (12) hour per shift work schedule for the prior twelve (12) months

(April 1st through March 31st).

1. New hire nurses or nurses who change status during this twelve (12)

month eligibility period are not eligible.

B. These hours’ credits will apply for step increases, not benefit eligibility (except as

provided in Section D) or seniority. (They will be added to a nurse’s seniority

hours total, because this is the way the Hospital keeps records, yet will be

“backed out” in any situation requiring actual application of seniority, such as for

layoffs or job bidding.)

C. When an employee’s 208 hours credit, by itself, puts the employee up to the next

step, the increase will be effective the 1st full payroll period in April of that year

(no retroactivity).

D. Nurses qualifying for this credit will also receive up to 208 PTO credit hours if

they work between 1872 and 2080 hours. For example:


Nurse Hours of Work

In Appropriate Period PTO Hours Credit Up to 1871 hours 0 hours

1900 hours 180 hours

2000 hours 80 hours

2070 hours 10 hours

2080 hours and above 0 hours

ARTICLE 20. WAGES AND PREMIUM PAY/DIFFERENTIALS

Section 1. Wages

The minimum wage rates for the term of this agreement are specified in Appendix A.

Section 2. Shift Differential

Shift differential shall be paid for the actual hours worked on each of the shifts as

follows:

Evening Differential $1.50 per hour

Night Differential $5.50 per hour

Section 3. Standby/On-Call

The term "standby/on-call" shall be defined as a nurse signed up to be available to work

a specific block of hours on a specified shift or for the entirety of a specific shift. The

standby/on call differential will be paid for each hour applicable to this situation whether

or not the nurse is called in from standby/on-call status.

Standby/On-Call Differential: $4.25 per hour, effective 2018 $5.00 per hour, effective 2019


Section 4. Charge Nurse (Including Home Health Charge Nurse) Differential

Charge Nurse Differential: $2.75 per hour effective 2018, $3.00 effective 2019 (paid

only when a nurse is actually working as a charge nurse; that is, not paid in PTO or

EIB).

Section 5. Weekend Differential

For all hours worked between 2200 Friday and 2200 Sunday, the following differential

shall be paid: $1.70 per hour.

Section 6. Preceptor Differential

A. A nurse who is assigned by the Hospital to act as preceptor to a student nurse, a

new graduate nurse, or a nurse who is new to the Hospital (which also includes

travelers), or to a nurse who is new to a service (e.g., transfer to CCU with no

previous experience, Flex Team nurse orienting to a unit), shall receive an

additional $1.50 per hour for all hours spent precepting.

1. Nurses are encouraged to attend an available preceptor class. If a nurse

declines an offered opportunity, she/he may be disqualified from

precepting.

B. Selection as a preceptor shall be based on the following criteria:

1. Clinical expertise within the applicable unit;

2. Demonstrated skills in working with and coaching peers;

3. Positive interpersonal behavior skills.

C. The Hospital reserves the right to determine the number of preceptor(s) they will

have any one time and when any preceptor training programs will be offered.


Section 7. Specialty Certification Differential

Nurses with specialty certifications as listed on Exhibit C attached hereto, will receive

$1.00 per hour differential. Only one (1) specialty differential will be paid to a nurse

regardless of the number of qualifying specialty certifications.

Section 8. Supplemental Differential (In lieu of benefits)

Nurses who work as supplemental. with a status of less than five-tenths (.5), shall

receive $4.00 per hour differential.

Section 9. Flex Team Differential

Flex Team Tier 1: $2.50 per hour

Flex Team Tier 2: $10.00 per hour

Section 10. Payroll Deductions

The Hospital is authorized to deduct all charges, loans, payroll advances, and

Association dues payments from the paycheck of a nurse pursuant to signed

agreement with the nurse, for example, gift shop and cafeteria charges, pursuant to the

Hospital’s charge card programs.

ARTICLE 21. PAID TIME OFF (PTO)

Section 1. Policy

Paid Time Off (PTO) (Article 21) and Extended Illness Bank (EIB) (Article 22) are

intended to provide a benefit for eligible employees taking time off from the work place.

PTO must be scheduled at the convenience of the department with the exception of

personal or family sick time. Insufficient notice and or excessive use of unscheduled

PTO shall be considered a violation of this policy’s intent to provide employees with

greater control of their benefit time.


Section 2. Procedures and Comments for Paid Time Off

Full time or part time employees are eligible to earn and accrue PTO benefits. An

employee who is on probationary status shall accrue PTO, but it cannot be utilized, or

be paid in any manner during probation, or in the event of termination during an

employee’s probationary period. An employee is eligible to utilize accrued PTO during

the pay period following his/her successful completion of probation. An employee who

transfers into a full time or part time status shall begin accruing PTO on the date of

transfer. If a regular status employee terminates employment, s/he will receive a cash

payment for all accrued PTO, provided the employee has given appropriate notice. If a

regular status employee is discharged for serious misconduct, s/he will not receive a

cash payment of any accrued PTO. No cash out of paid hours from PTO will be

permitted for work days during the pay period that an employee has been suspended

without pay.

PTO benefits will terminate at the time the employee changes to an ineligible status. At

the time of ineligibility, any accrued but unused PTO will be paid out on the next regular

paycheck. Any accrued but unused EIB benefits will be frozen and reinstated if the

employee returns to an eligible status.

Section 3. PTO Accrual

A. PTO shall accrue only on the basis of hours worked as shown in the following

scale, PTO hours used, EIB hours used, and paid low census hours. PTO and

EIB hours do not count toward calculations of overtime as they are not hours

actually worked. When PTO or EIB hours are paid to an employee on a cash out

basis under this policy, for example, on an employee’s termination, such hours

paid out do not accrue any additional PTO or EIB benefit.

1. Full and part time nurses hired prior to January 1, 2011 will accrue PTO

according to the following scale:


1 2 3 4 5 6

Years of

Service by

Hours

Factor Per

Hour

Maximum Hour

Accrual Per Pay

Period

Annual Accumulation Hours / Days

(based on 2080 hours for full time employee)

Maximum Accumulation

Hours

0-8320 80 Vac + 72 Hol + 48 Sck = 200 0.0962 9.231 200 / 25 300

8320-18720

120 Vac + 72 Hol + 48 Sck = 240 0.1154 11.077 240 / 30 360

18720 + 160 Vac + 72 Hol +48 Sck = 280 0.1346 12.923 280 / 35 420

EIB - All 48 0.0231 2.215 48 / 6 640

2. Full and part time nurses hired on and after January 1, 2011 will accrue

PTO according to the following scale.

1 2 3 4 5

Years of Service

by Hours Factor Per

Hour

Maximum Hour Accrual

Per Pay Period

Annual Accumulation Hours/Days

For 2080 Hour Full Time Employee

Maximum Accumulation

Hours

0-8320 0.0866 8.314 180/22.5 270

8320-18720 0.1058 10.157 220/27.5 330

18720 + 0.1250 12.000 260/32.5 390

EIB - All 0.0231 2.215 48/6 640

Note: The maximum hours accrued per pay period in Column 4 of Section 3.A.1.

and Column 3 of Section 3.A.2. shall not apply when the PTO adjustments for .9


RNs are made in April of each year under Article 19.5.D.

B. PTO shall be used for the first twenty-four (24) hours or three (3) regularly

scheduled work shifts of an employee’s absence from scheduled work that

occurs due to the employee’s or minor dependent’s illness/injury.

C. Accumulated PTO time must be utilized prior to time off without pay can be

requested. Called off days may be taken as time off without pay even if

accumulated PTO time exists.

D. PTO must be taken in increments of .25/hour or more, in lieu of hours regularly

scheduled to work, unless during a leave of absence.

E. Nurses have the option to use or not to use PTO for all instances when the

Hospital mandates that no work is available for regularly scheduled hours.

Section 4. Workers’ Compensation

The first three (3) days of absence due to a work related injury or illness may not be

covered by workers compensation insurance. In this case the employee may claim

twenty-four (24) hours or three (3) scheduled shifts of PTO benefit. Thereafter, a nurse

receiving workers’ compensation temporary disability payments due to an industrial

injury, at his/her election, may utilize unused PTO or EIB benefits, if eligible, to pay the

difference between such temporary disability benefits up to the nurse’s normal status

pay.

Section 5. Use of PTO.

A. Full time or part time employees can request a “Cash Out” of their accrued PTO

over one hundred (100) hours. PTO cash out will be authorized to a maximum of

one hundred fifty (150) hours per calendar year. No cash out of paid hours from

PTO will be permitted for work days during the pay period that a nurse has been

suspended without pay.


B. No allowance will be made for sickness occurring during scheduled PTO time off,

unless an employee is hospitalized and provides verification of such

hospitalization to the department manager. See Article 22.F. Except when a

nurse is hospitalized, the EIB twenty-four (24) hours waiting period shall apply,

during which PTO hours will continue to be paid.

C. Once commencing a PTO period, an employee will not be recalled to work

unless a community medical emergency arises. This provision does not prohibit

the organization from calling to work any employee who, while on PTO, advises

the organization of their availability. If an employee is called to work, they will be

granted their PTO day(s) at a time mutually agreed to by the employee and the

department manager. PTO hours may not be used in conjunction with work

hours.

D. PTO requests should be submitted to the department manager as soon as

possible but not prior to three (3) months in advance. A department manager

may grant a PTO request time beyond three (3) months, provided this alternate

time limit is agreed to by a majority of the department staff. In special

circumstances, as determined by the department manager (e.g., opportunity for

special discounts for plane tickets or lodging reservations, etc.) and employee

may request PTO time prior to this three (3) month period, or prior to the

alternate time limit agreed to by a majority of the department staff. Those

departments scheduled via defined procedures will adhere to the Scheduling

Guidelines found in the Nursing Department Policy Manual.

PTO requests that are at least two (2) weeks in advance of the date(s) requested

off must be submitted in writing. The department manager must approve or deny

the request in writing within two (2) weeks from receipt of the PTO request. PTO

requests that are presented by the employee less than two (2) weeks before the

date(s) requested off, the department manager must notify the employee of

approval/denial as soon as possible prior to the beginning date. Those




E. PTO requests will be approved on a first come first serve basis within the three

(3) month time line, or the alternate time line. In the event of a conflict for PTO

requests within the three (3) month or alternate time line, the conflict should be

presented to the employees to resolve. If the conflict cannot be resolved

between the employees, seniority and the core competency staffing needs of the

unit will prevail. Seniority right may be exercised only every other year. Those



F. Sky Lakes Medical Center allows employees to donate PTO to other employees

experiencing a hardship event. Requests for gifting of PTO are directed to

Human Resources for processing and approval. The gifting of PTO must be

documented on forms provided by Human Resources and the guidelines

followed in HR Policy and Procedures # 419.1.

G. Gifting of PTO to the Association Negotiating Team will be allowed by the

Hospital. Normal gifting rules will apply. Such gifting will only apply to official

Association/ Hospital contract negotiations. Timing and procedures for such gifts

to be established in line with discussions in the 2011 contract renewal

negotiations.

Section 6. Additional PTO/EIB Provisions Applicable to All Employees

A. Recall to Work While on PTO

Once commencing a PTO period, a nurse will not be recalled to work, unless a

community medical emergency arises (i.e., disaster, fire, floods). The nursing

department and nursing office will indicate the nurse as “unavailable” during the

nurse’s entire designated PTO time.

1. This provision shall not prohibit the Hospital from calling to work any nurse

who, while on PTO, advises the Hospital s/he is available.

a. If such nurse is called to work, s/he will be granted additional PTO


time at a later mutually agreeable time.

Section 7. Misuse of PTO/EIB

A. Abuse of PTO/EIB leave time by unit employees prevents efficient Hospital

scheduling, unnecessarily causes the Hospital to incur extra staffing expenses,

and unfairly requires extra work by other nurses. A nurse who calls in sick and

utilizes PTO or EIB leave benefits when the nurse is, in reality, able to work

engages in an act of dishonesty.

B. Nurses who establish a pattern of calling in sick to utilize unscheduled PTO or

EIB may be required by the nurse manager to provide proof of illness from an

MD/NP, consistent with the provisions of law.

1. Both parties recognize that the abuse of PTO/EIB by a nurse may result in

disciplinary action.

ARTICLE 22. EXTENDED ILLNESS BANK (EIB)

Section 1. Eligibility

A. Full time or part time employees are eligible to earn and accrue EIB benefits. An

employee who is on probationary status shall accrue EIB, but it cannot be

utilized, or be paid in any manner during probation, or in the event of termination

during an employee’s probationary period.

B. An employee who transfers into a full time or part time status shall begin

accruing EIB on the date of transfer.

C. Employees must have completed their first ninety (90) days of employment in

order to use EIB.

D. EIB may be taken for scheduled or regularly scheduled hours which are missed


due to non-work related personal illness/injury.

E. EIB time may be used starting with the twenty-fifth (25th) consecutive scheduled

hour missed, or the third (3rd) scheduled workday missed regardless of hours.

EIB access will be provided if the staff member is hospitalized either in-patient or

for short-stay surgery when surgery time and the recovery period equals at least

twenty-four (24) scheduled hours.

F. If hospitalized or required to undergo ambulatory surgery while on scheduled

PTO time an employee may convert to use of their EIB benefit immediately.

G. EIB is also a coordinated benefit with our disability program.

H. A nurse receiving workers’ compensation temporary disability payments due to

an industrial injury, at his/her election, may utilize unused PTO or EIB benefits, if

eligible, to pay the difference between such temporary disability benefits up to

the nurse’s normal status pay.

Section 2. Cash Out of EIB

A. Employees hired prior to the first full payroll period in January 2011 who have

continually worked for the medical facility for a minimum of ten (10) years and

leave in good standing are eligible to receive full cash out of their EIB hours.

B. The following scale for cash out of EIB will apply for all employees hired during

or after the first full payroll period in January 2011.

10 to 15 years of service 20% cash out

15 to 20 years of service 30% cash out

20 plus years of service 40% cash out

If a regular status employee is discharged for serious misconduct, s/he will not

receive a cash payment of any accrued EIB.


Section 3. Conversion of EIB

A. Employees hired prior to the first full pay period in January 2011 will have their

accrued EIB hours in excess of six hundred forty (640) hours converted to PTO

hours at the rate of one (1) PTO hour for one (1) EIB hour.

B. Employees hired during or after the first full payroll period in January 2011 who

accrue EIB in excess of six hundred forty (640) hours will automatically have the

excess hours converted to PTO time at the rate of one (1) PTO hour for each

three (3) EIB hours.

Section 4. Ill Minor Children and Use of EIB

Nurses may utilize EIB for illnesses/injuries to minor dependents/children/minor foster

children, or spouses or parents who require their immediate care and attention, or for

serious health conditions as defined in state and federal law.

ARTICLE 23. HOLIDAYS

Although holidays are now part of the PTO/EIB Program (Articles 21 and 22), they are

still recognized for the following purposes.

Section 1. Recognized Holidays

A "Holiday Shift" shall be defined as a shift in which the majority of hours worked falls

on the actual holiday. The following days shall be recognized as holidays and shall be

applicable to the twenty-four (24) hour period (0600 to 0600) commencing 12:00 a.m.

on the calendar holiday:

Christmas Day New Year's Day

Thanksgiving Day Memorial Day

Independence Day Labor Day


Section 2. Working on a Recognized Holiday

Any nurse who works on a recognized holiday shall be paid one and one-half (1-1/2)

times her/his base rate, plus differentials, as specified above for all such holiday hours

worked.

Section 3. Working Overtime on a Recognized Holiday

A. A nurse who works in excess of her/his scheduled shift of twelve (12) hours or

greater on a holiday, shall be paid two (2) times her/his base rate, plus

differentials, for all hours worked in excess of her/his scheduled shift.

B. No nurse will be required to work beyond twelve (12) hours on a holiday, unless

doing so by mutual agreement.

Section 4. Scheduling Holidays Off

A. The Hospital will endeavor to schedule each eligible nurse off on one (1) of the

following holidays each year:

Thanksgiving Day, Christmas Eve Day, Christmas Day, New Year's

Eve Day, New Year's Day or Hanukkah.

B. The Hospital shall equitably rotate holiday time off among all nurses in each

nursing unit, provided that an individual RN may volunteer to work the holiday.

C. The Hospital shall schedule nurses for no more than one (1) shift during the two

(2) day Christmas period of December 24 and December 25, provided that an

RN may volunteer to work both days.


ARTICLE 24. LEAVES OF ABSENCE

Section 1. Requests for Leaves

Requests for leaves, as specified in this Article, shall be made in writing and the

Hospital shall approve same in writing. It being recognized that such requests shall be

approved on a first come, first approved basis, staffing requirements permitting.

Requests must be made at least two (2) weeks prior to the date desired to commence

such leave, except in the case of an emergency approved by the Hospital.

A nurse should communicate with Human Resources with respect to all leave issues,

and not rely exclusively on the summary of leave rights in this contract.

A. Family and Medical Leave Act of 1993

The Hospital will comply with applicable state and federal leave laws. Sick leave

benefits must be used by a nurse for Family or medical leave in accordance with

applicable Oregon and/or Federal Statutes/Law. The Hospital will make

insurance premium payments in accordance with the provisions of law.

B. Unpaid Personal Leave

1. After the completion of one (1) year of employment, a nurse shall be

eligible for such a leave.

a. This requirement may be waived, in the event of emergency

circumstances, upon the showing of justifiable reasons to the

Hospital.

2. Staffing requirements permitting, such leave may be granted for up to one

(1) month.


C. Medical Leave/Workers’ Compensation

To commence such leave, the nurse shall file the appropriate accident forms

with the Nursing Manager, and/or supervisor, or in the absence of such person,

with the nursing office within twenty-four (24) hours of the accident, if possible.

1. Thereafter, such nurse shall be granted a leave until such time as the

nurse is capable of returning and assuming her full position

responsibilities or has been declared stationary and unable to return as

certified by the attending physician and/or one so designated by the

Hospital.

a. In no event shall a leave exceed nine (9) months in duration.

2. During the first three (3) months of such leave, the Hospital will continue,

based upon the nurse's status, to make its monthly contribution towards

the purchase of medical and dental insurance plan(s).

a. Thereafter, a nurse may continue to participate under the medical

and dental insurance in accordance with applicable law.

b. At the expiration of any rights permitted by law, the nurse may

obtain a personal policy in accordance with terms and conditions

specified by the Hospital's carrier.

3. Upon return from such leave, a nurse's seniority hours shall be reinstated.

a. If the nurse fails to return within nine (9) months of commencing

such leave, her/his employment will be terminated.

D. Medical Leaves

1. The Hospital will provide eligible employees with a leave of absence for

the employee’s own serious medical condition, or to care for a spouse,


child, parent, or parent-in-law with a serious medical condition, or for the

birth, adoption, or foster care placement of a child.

2. Leaves of absence for nurses in such situations will be granted according

to Hospital policy and applicable law. Different types of leaves may be

consecutive. Please check with Human Resources for information about

all leave of absence details.

3. The use of paid time by a nurse may not be utilized to extend the leave

maximums specified above.

4. While the nurse is receiving paid time on a leave of absence, the Hospital

shall continue to make its contribution toward the medical and dental

insurance.

5. When returning from such a leave, a nurse will be returned to her/his

original position as per Hospital policy, and will be permitted to change

status down by up to two-tenths (.2), provided the other nurses on the

shift can assume the additional hours.

6. A nurse on leave of absence must use all available sick leave, unused

holidays, or available vacation before commencing unpaid leave.

(Exception: If the use of vacation or unused holidays for leaves of

absence under this Section would require the nurse to cancel a pre-

scheduled vacation, the Hospital may allow the nurse not to use up the

paid time on the leave itself.)

F. Military Leave

Nurses who have left or may hereafter leave the Hospital to enter directly into the

military forces shall be eligible for reemployment in accordance with the terms of

the applicable Federal Statutes and regulations.


Section 2. Other Employment

While on a leave of absence, a nurse shall not engage in employment for another

employer except as approved by the Hospital.

A. Nurses on an educational leave may engage in other employment or continue to

work for the Hospital.

1. The term "other employment" shall not include local area competitors of

the Hospital.

Section 3. Return Notice

It shall be the responsibility of the affected nurse to advise the Hospital, in writing, at

least two (2) weeks prior to the posting of the work schedule, of the anticipated return

date. Forms to accomplish this will be given to the nurse upon commencement of the

leave.

A. If the nurse complies with this requirement, the Hospital will then be obligated to

return the affected nurse to her/his normal work schedule.

B. If the nurse elects to change her status as provided in Section 1.E.3., this

information must also be included in the notification of return.

C. Any nurse failing to comply with this provision shall then be offered work as

changes in the schedule occur.

Section 4. Return Rights

A nurse shall be entitled to resume the position, hours, and shift formerly held if s/he

returns to work within one (1) month for a personal leave, three (3) months for a

medical leave (non-industrial), three (3) months for maternity leave, or nine (9) months

for industrial injury leave.


A. Nurses on workers compensation leave for the next nine (9) months will be

returned to their prior position, and thereafter given preference over all other

applicants for any position for which they are otherwise qualified, including their

former position, if vacant. (A worker’s compensation leave commenced prior to

1/1/98 shall be governed by the provisions of the 1996 -1997 contract.)

B. Only nurses taking a medical and maternity leave in conjunction with one

another shall be eligible to exercise their seniority for bidding purposes, for one

and one-half (1-1/2) months following the expiration of the specified three (3)

month maximum on any vacant posted position for which the nurse is qualified.

C. If a nurse determines s/he will be unable to return within the specified leave

maximums, s/he may request to be placed in a supplemental status.

D. Any nurse returning from a leave after the maximums specified above, shall be

given reemployment consideration along with all other in-house applicants for the

first available position for which s/he is qualified.

Section 5. Failure to Return

If a nurse fails to comply with any of the provisions or requirements set forth in this

Article, or fails to return to work on the next day following the termination of a leave of

absence, s/he may be subject to disciplinary action up to and including discharge.

Section 6. Accruals

A. Time spent in paid time off status will continue all appropriate accruals.

B. Time spent in unpaid leave of absence status will not be counted for the

purposes of computing tenure increases, vacation pay, sick leave, holiday pay or

other accrual benefits.


Section 7. Use of Paid Accruals & Group Insurance Continuation

Nurses taking leaves as provided for in Section 1.D. and E., must use accrued sick

leave at their status from the time the leave begins each pay period until such accruals

are exhausted.

A. The use of accrued vacation/holiday pay is the nurse's choice, but if the nurse

requests to use such pay, it must be utilized at their status each pay period

following exhaustion of accrued sick leave.

B. Nurses taking leaves as provided for in Section 1.D. and E., who desire to

remain covered under the Hospital medical and dental insurance plans may

continue paying only their portion of the monthly premiums if they have enough

paid time to deduct their portion of the monthly premium divided between the two

(2) pay periods in the affected month.

C. Nurses not having enough paid time to deduct their premium portion may

continue their insurance by paying the full monthly premiums until they return to

work.

Section 8. Jury Duty

A. At the end of the probationary period, a nurse with a status of five-tenths (.5) or

greater who is summoned to and reports for jury duty, shall receive her/his base

rate of pay, excluding shift differential, for actual jury service hours up to the

nurse’s weekly status hours.

1. Such pay shall only be applicable up to the first thirty (30) days of jury

service per calendar year.

2. A night shift employee shall not be required to work a full shift immediately

before the first day of expected jury service.

a. The nurse may be scheduled to work up to 2200 in this situation.


B. Eligibility for such compensation shall occur when the nurse notifies the Hospital

not less than five (5) working days prior to the first date of absence for jury duty.

1. The nurse will present a written statement from the appropriate court

official showing the date, time, and hours served.

a. In cases where there is a combination of work and jury service

hours paid, jury duty time shall not count as hours worked in

determining eligibility for overtime.

C. In the event a nurse is excused from jury duty after less than six (6) hours

service, s/he shall be obligated to call into work to determine if s/he is needed to

report to work. The Nursing Manager and effected nurse shall mutually agree

upon the hours to be worked, if any, and alternatively the nurse may be placed

on standby or MRO.

D. A nurse may use PTO hours to supplement jury service pay up to status hours.

The nurse and his/her manager may also attempt to schedule make up hours at

straight time pay, at the nurse’s request, up to the nurse’s status hours minus

paid jury service hours. This make up work may be direct regular core unit work,

or indirect work such as special projects, skills practice, orienting to new units, or

other work as determined by the Nurse Manager.

Section 9. Court Witness

Nurses who are subpoenaed or requested to appear as a witness, or to submit a

deposition in a job related court case, where the nurse is not a party adversary, will

receive compensation for any scheduled hours missed or additional hours worked as a

result of such activity in accordance with this Agreement.

A. A night shift nurse shall not be required to work a shift immediately before an

expected court appearance or deposition, as defined above, nor will s/he suffer a

reduction in pay as a result.


Section 10. Bereavement Leave

A full or part-time non-probationary nurse who has a death in her/his immediate family

will be granted bereavement leave for up to twenty-four (24) hours of scheduled work

(up to forty (40) hours if one way travel four hundred (400) miles or greater is required

to attend the funeral). Family includes current spouse/spousal equivalent, children,

siblings, parents, current parents-in-law, grandparents, or grandchildren.

A. Nothing contained herein shall prevent a nurse, with the approval of the Hospital,

from taking additional time off without pay beyond the twenty-four (24) hours as

specified above.

B. Bereavement leave will not be paid for absences from work on a day outside of a

nurse's regularly scheduled workday, or for vacations or holidays.

1. Bereavement leave must be taken within six (6) months of the death,

unless otherwise arranged with the department manager.

C. Time paid for bereavement leave will not count as time worked for the purpose of

computing overtime.

D. The Hospital reserves the right to require proof of death and bona fide evidence

that the deceased was within the definition of the "immediate family" as specified

above before payment will be made.

ARTICLE 25. GROUP INSURANCE BENEFITS, PENSION, AND HIV / HEPATITIS

FUND

Section 1. Guarantee of Benefit Levels

The Hospital, for the term of this Agreement, shall offer to bargaining unit nurses the

same health and vision, dental, life, LTD insurance and pension plans as offered to

other hourly paid Hospital employees. In addition, for the term of this Agreement, the


Hospital shall offer to bargaining unit nurses the same health and vision, and dental

programs offered to all other hourly or salaried Hospital employees (with coverage or

premium distinctions made only on the basis of category of coverage, such as single

versus family, and participation in wellness programs), Life insurance benefits shall be $50,000.

A. The Employee premiums for current medical, dental, and vision insurance are

specified in Appendix "B."

1. Payments for insurance premiums will be deducted from payroll two (2)

times per month.

B. The Association recognizes that it shall be the Hospital's right to change carriers,

provided that the benefit levels and the conditions for qualifications are

substantially equivalent.

C. In the event of a group insurance premium increase, the Hospital/employee ratio

of premium contribution shall remain the same.

D. The Hospital shall not be obligated to involve itself, in any way, in any disputes

over claims for benefits made by the nurses under the above insurance plans.

This matter shall be resolved between the nurse and the insurance administrator,

and no matter relating to this Section shall be subject to the Grievance or

Arbitration Procedure provided for in this Agreement.

1. The Hospital shall take such steps as necessary to insure the payment of

benefits as outlined in the summary plan descriptions as provided by the

insurance administrator or carriers.

Section 2. Eligibility

Nurses shall be eligible, provided they have a status of five-tenths (.5) or greater, to

participate in the group medical, vision, dental, and life insurance programs. Such

nurses shall be eligible to participate in all programs on the first of the month following


the date of employment.

Section 3. Pension Contributions

Pension contributions made by the Hospital shall be credited annually to the registered

nurse.

Section 4. TSA Plan

Nurses shall be permitted to participate in the Hospital's current tax sheltered annuity

program.

Section 5. HIV / Hepatitis Fund

The Hospital and the Association agree to maintain an HIV/Hepatitis Fund. The

Hospital shall contribute a matching amount based on the contributions of the nurse, up

to an amount not to exceed $4,800 per year. A form for employee contributions to such

Fund is attached to this Agreement.

A. The Hospital shall administer such funds for the purposes of paying COBRA

health insurance for nurses that have been positively identified as contracting the

HIV virus or hepatitis while employed at Sky Lakes Medical Center.

1. The Hospital will provide to the Association a semi-annual report on the

status of the fund.

B. Registered Nurse payroll deducted contributions to said fund must be designated

for a period of six (6) months. Nurse payroll contributions shall be

non-refundable.

C. Claims against the fund may be made only while the nurse is employed at Sky

Lakes Medical Center.


Section 6. Flexible Spending Account

A Flexible Spending Account option for status nurses shall continue absent IRS

changes or house-wide elimination of the program.

Section 7. Short Term Disability Plan

The Hospital will select and offer to nurses a short term disability plan. Such plan

premiums will be 100% employee paid.

Section 8. Contract Reopener – Health Insurance Legislation

In the event of federal or state health insurance legislation which is scheduled to be

implemented during the contract term, either party shall have the right to reopen the

contract for renegotiation on sixty (60) days advance notice. It is the parties’ intent to

resolve such issues through pre-reopener negotiations, if possible.

ARTICLE 26. NO STRIKE/NO LOCKOUT

Neither the Association nor any of its agents nor any of its members will collectively,

concertedly, or in any manner whatsoever engage in, incite, or participate in any

picketing, strike, sit-down, stay-in, slow-down, work stoppage or sympathy strike during

the term of this Agreement; and the Hospital agrees that during the term of this

Agreement, it shall not lock out any of the nurses covered by this Agreement. It is

further understood that the duly authorized representatives of the Association shall use

their best efforts on behalf of the Association to actively encourage the nurses engaging

in a violation of this Section to cease such conduct.

ARTICLE 27. SEVERABILITY

In the event that any portion of this Agreement shall at any time be declared invalid by

any court of competent jurisdiction or through government regulation or decree, such


decision shall not invalidate the entire Agreement; it being the express intention of the

parties hereto that all other provisions not declared invalid shall remain in full force and

effect.

ARTICLE 28. WAIVER

It is agreed that during the negotiations leading to the execution of this Agreement, the

parties have had full opportunity to submit all items appropriate to collective bargaining;

that the parties expressly waive the right to submit any additional item for negotiations

during the term of this Agreement, whether or not such item is referred to or covered in

this Agreement, or whether the item was or was not discussed during the course of

negotiations leading to the execution of this Agreement, and that this Agreement

incorporates their full and complete understanding, superseding and invalidating all

previous commitments of any kind, oral or written, past practices, existing conditions,

and all prior employee and Association rights and benefits not specifically incorporated

herein. The specific provisions of this Agreement are the sole source of any rights

which the Association or any member of the bargaining unit may charge the Hospital

has violated in raising a grievance.

ARTICLE 29. DURATION AND TERMINATION

Section 1

This Agreement and all of its provisions shall become effective upon execution and

remain in full force and effect until December 31, 2020, and annually thereafter unless

either party hereto serves notice on the other to amend or terminate the Agreement as

provided herein.

Section 2

If either party hereto desires to modify or amend any of the provisions of this

Agreement, it shall give written notice to the other party not less than ninety (90) days


prior to December 31, 2020 or any December 31st thereafter that this Agreement is in

effect.

Section 3

If either party hereto desires to terminate this Agreement, it shall give written notice to

the other party not less than ninety (90) days in advance of December 31, 2020 or any

December 31st thereafter that this Agreement is in effect.

Section 4

The parties shall endeavor to start contract renewal negotiations in October –

November 2020.


The parties, by their duly authorized representatives, have executed and delivered this

Agreement this _______ day of ________________, 2018.

FOR OREGON NURSES ASSOCIATION: FOR SKY LAKES MEDICAL CENTER:

________________________________ ________________________________

________________________________ ________________________________

________________________________ ________________________________

________________________________ ________________________________

________________________________ ________________________________

________________________________ ________________________________


APPENDIX A: WAGE SCALE

****************************************************************************************************

Note: Each wage increase is effective with the first full pay period of the months

identified below.

****************************************************************************************************

The parties agree to the following across-the-board wage increases for the

contract term:

January 2018: 2% increase all steps

July 2018: 1% increase all steps


July 2019: 1% increase all steps


July 2020: 1.25% increase all steps


STEP 2017 JANUARY

2018 JULY 2018

JANUARY 2019

JULY 2019

JANUARY 2020

JULY 2020

1 $35.06 $35.76 $36.12 $36.84 $37.21 $37.95 $38.42

2 $35.86 $36.58 $36.95 $37.69 $38.07 $38.83 $39.32

3 $37.01 $37.75 $38.13 $38.89 $39.28 $40.07 $40.57

4 $38.39 $39.16 $39.55 $40.34 $40.74 $41.55 $42.07

5 $39.92 $40.72 $41.13 $41.95 $42.37 $43.22 $43.76

6 $41.84 $42.68 $43.11 $43.97 $44.41 $45.30 $45.87

7 $43.43 $44.30 $44.74 $45.63 $46.09 $47.01 $47.60

8 $45.09 $45.99 $46.45 $47.38 $47.85 $48.81 $49.42

9 $45.97 $46.89 $47.36 $48.31 $48.79 $49.77 $50.39

10 $46.97 $47.91 $48.39 $49.36 $49.85 $50.85 $51.49

11 $48.45 $49.42 $49.91 $50.91 $51.42 $52.45 $53.11

12 $49.98 $50.98 $51.49 $52.52 $53.05 $54.11 $54.79

13 $51.61 $52.64 $53.17 $54.23 $54.77 $55.87 $56.57


APPENDIX B:

SKY LAKES MEDICAL CENTER

MEDICAL, DENTAL, AND VISION RATES

Effective 01/01/18

Plan

Employee Monthly

Contribution with Wellness

Incentive

Employee Semi-Monthly Contribution

with Wellness Incentive

Employee Monthly

Contribution without

Wellness Incentive


without Wellness Incentive

High Deductible – Full Time

Employee Only 12.50 6.25 52.50 26.25

Employee + Spouse* 42.50 21.25 122.50 61.25

Employee + Child(ren) 37.50 18.75 77.50 38.75

Employee + Family* 55.00 27.50 135.00 67.50

*Wellness incentive includes Employee + Spouse

High Deductible – Part Time

Employee Only 12.50 6.25 52.50 26.25

Employee + Spouse* 77.50 38.75 157.50 78.75


Employee + Family* 125.00 62.50 205.00 102.50



PPO – Full Time

Employee Only 113.00 56.50 153.00 76.50

Employee + Spouse* 421.00 210.50 501.00 250.50


Employee + Family* 565.00 282.50 645.00 322.50


PPO – Part Time

Employee Only 113.00 56.50 153.00 76.50

Employee + Spouse* 1,036.00 518.00 1,116.00 558.00


Employee + Family* 1,757.00 878.50 1,837.00 918.50


*Wellness Incentive (Applies to Medical Premium Only)

Employee Only Save $20.00

Employee + Spouse Save $40.00 for participants, or $20.00 if only one person participates

Employee + Child(ren) Save $20.00

Employee + Family Save $40.00 for participants, or $20.00 if only one person participates


Plan Employee Monthly Contribution


Dental – Full Time

Employee 9.00 4.50

Employee + Spouse 21.00 10.50

Employee + Child(ren) 29.00 14.50

Employee + Family 41.00 20.50

Dental – Part Time

Employee 9.00 4.50




Vision – Full and Part Time

Employee 3.00 1.50





APPENDIX C

HIV FUND PAYROLL DEDUCTION FORM

SKY LAKES

MEDICAL CENTER

LIFE : HEALING : PEACETM

2865 Daggett Avenue

Klamath Falls, OR 97601

Ph 541 882 6311

skylakes.org

Paul R. Stewart

President & CEO

HIV / HEPATITIS FUND

Request for Payroll Deduction

I hereby authorize Sky Lakes Medical Center to deduct $ ___________ each pay

period (for a minimum of 6 months) to start with pay period beginning

_______________ to contribute to the Sky Lakes Medical Center general HIV/Hepatitis

Pool.

I understand that these non-refundable HIV/Hepatitis Fund deductions will be placed in

a general HIV/Hepatitis Pool that can be used only for Consolidated Omnibus Budget

Reconciliation Act of 1986 (COBRA) medical insurance continuation, for any employee

that is positively identified as contracting HIV or Hepatitis while employed at Sky Lakes

Medical Center. I understand that claims against this HIV/Hepatitis Fund can only be

made while I am an employee of Sky Lakes Medical Center.

Employee Signature Date

SKY LAKES

MEDICAL CENTER LIFE : HEALING : PEACETM


APPENDIX D

Date: 11/21/97

To: All managers and supervisors

From: Alan Caldwell, Director of Human Resources

Subject: .9 benefits for 12 hour shifts and .9 night shift employees

MWMC has increased the following benefits for .9 employees who work 12 hour shifts

or work .9 on the night shift. These changes are for all employees, including nurses.

Effective date: Dec. 7, 1997

Long Term Disability: Presently, an employee must have 2 years unbroken status

at full time to be eligible for LTD.

All full time employees moving to .9 will see no change in the

start date of LTD.

Employees who have been .9 will start the 2 year eligibility

as soon as their paperwork has been changed in Human

Resources.

Insurance premiums: Same rates as full time employees.

Human Resources will need a PA signed for each employee who is .9 and should

receive these benefits. You as the manager or supervisor will need to come in and

initiate the changes, until the paperwork is signed there will be no changes. The .9 full-

time benefits are only for 12 hour shift employees or .9 night shift employees. In order

for these changes to be in effect you will need to get the PA's in by Dec. 7. Please

share the changes with your employees, if these changes affect your department.


APPENDIX E

SPECIALTY CERTIFICATIONS

Specialty Certification Title Recognized National Certification

Bodies

Critical Care Nurse CCRN American Association of Critical Care Nurses (“AACN”) Certification Corporation

Progressive Care Nurse PCCN AACN

Emergency Nurse CEN Board of Certification for Emergency Nursing

Forensic Nurse SANE (SANE-A)

Forensic Nursing Certification Board

Infusion Nurse CRNI Infusion Nurses Certification Corporation

Diabetes Educator CDE National Certification Board for Diabetes Educators

Operative Room Nurse CNOR Association of Perioperative Registered Nurses (“AORN”)

Post Anesthesia Nurse CPAN American Board of Perianesthesia Nursing

Ambulatory Perianesthesia Nurse

CAPA American Board of Perianesthesia Nursing

Oncology Nurse OCN Oncology Nursing Certification Corporation

Wound Care Nurse CWOCN Wound, Ostomy, and Continence Nursing Certification Board

Home Health Nurse RN,C American Nurses Credentialing Center (“ANCC”) or American Board of Nursing Specialties

Gerontological Nurse RN,C ANCC or American Board of Nursing Specialties


Medical-Surgical Nurse CMSRN or RN,C

ANCC or Medical-Surgical Nursing Certification Board

Orthopaedic Nurse ONC ANCC or Orthopaedic Nurses Certification Board

Cardiac/Vascular Nurse RN, BC ANCC or American Board of Nursing Specialties

Pediatric Nurse CPN or RN,C ANCC or Pediatric Nursing Certification Board

Childbirth Educator CCE Lamaze International

Lactation Consultant IBCLE International Board of Lactation Consultant Examiners

Inpatient Obstetric Nurse RN,C National Certification Corporation (“NCC”)

Low Risk Neonatal Nurse RN,C NCC

Maternal Newborn Nurse RN,C NCC

Electronic Fetal Monitoring FMC NCC or Fetal Monitoring Certification Course

This list is to be used as a guide. If appropriate documentation is provided, this

list may be expanded with mutual agreement of the Hospital and the Association.


APPENDIX F

MRO / MRS EQUITABLE ROTATION

Section 1. MRO/MRS Equitable Rotation Principles

A. MRO equalization will be by hours, not days. The hours worked part of the

formula that count are:

1. straight-time scheduled hours, and

2. call back from standby.

B. Mathematical precision in equalizing MRO's for any period (pay periods,

calendar month, half year, etc.) is impossible. This system is a good faith effort

to even out MRO's over the long-term, not a guarantee of absolute MRO equality

over any specific timeframe.

C. Bargaining unit nurses, not nurse managers, will administer the system, keep the

"tracking records," etc. However, this is in addition to all normally assigned duties

and responsibilities. The tracking system in each unit should not occupy an

excessive amount of nursing "on the clock" time.

D. Disputes about calculations, how tracking should work, etc., are decided among

nurses on the unit, not through the grievance procedure. Unit democracy "rules"

in this area.

E. Management retains the right to decide staffing and the need for MRO (or not).

The equalization protocol only decides who goes on MRO next. Management

can veto the MRO of any nurse the system "selects" on a particular day in light of

skill mix needed (example: if a very experienced or special skill nurse would be

MRO'd under the system, leaving only lesser skilled or experienced nurses on

duty, the nurse manager can veto that nurse's MRO "turn," and someone else

will be MRO'd).


F. If the MRO equalization system isn't working on a unit, and can't be fixed (i.e., is

causing disharmony, poor morale, and negative interpersonal nurses relations)

the Hospital can suspend it, and go back to the current assigned MRO system.

Hospital also has the right to limit the time nurses spend on implementing or

tinkering with the system.

G. There will not be a claim for back pay if a mistake is made under the system.

H. Call back from MRS equals hours worked.

I. The intent of this program is to achieve rough equalization of MRO hours,

whether or not those hours are designated MRS hours by the Hospital.

1. This is not a standby pay, standby time, on-call or MRS equalization

program.

Section 2. MRO/MRS EQUITABLE ROTATION GUIDELINES

A. MRO/MRS assignment will be determined using the hours of MRO/MRS time

divided by hours a nurse is regularly scheduled. This results in the percent (%) of

MRO/MRS time a nurse has accrued for a specific day or time period. The

calculations will be done each time a nurse is placed on MRO/MRS during each

schedule period.

B. The following shall not be factored into the formula:

1. Volunteering or agreeing to work extra hours/shifts beyond the nurse’s

status, even though the nurse may be on the schedule for these extra

hours.

2. Being called off or placed on MRS for hours a nurse is scheduled extra,

over and above her/his regular status/schedule.

3. Volunteering/requesting to leave work early four (4) hours or less when


patient census allows, does not constitute mandated MRO/MRS time, and

shall not be factored into the formula. This is a considered a personal

request/choice.

4. Scheduled time off such as vacation, holidays, education days, LOA.

5. Unscheduled time off (illness, family emergency, bereavement leave,

etc.).

6. Personal requests for a block of time off during a shift (i.e., for a medical

or dental appointment, to attend a dependent’s school activity, etc.).

C. When a situation occurs where percentages are tied:

1. The nurses involved, may be given the option to split the hours/shift, one

of them volunteer to take the MRO/MRS time off, etc.

D. Preceptors.

A nurse who is precepting another nurse shall be exempt from MRO/MRS only

once in a payroll period. Precepting an OIT/OHSU Nursing Student does not

count in this situation.

E. Flex Team.

Flex Team nurses will not be placed on MRO/MRS status if they can be floated

to other nursing units in the Hospital, but such float to other nursing units shall

not cause a core unit nurse to be put on MRO/MRS, unless the core nurse

requests an MRO.

Section 3. The MRO/MRS Equitable Rotation System

A. This System will be evaluated annually for effectiveness and satisfaction of

nursing staff, with revisions made as necessary for equitable rotation of


MRO/MRS hours among nursing staff.

1. Each unit will keep a logbook for tracking MRO/MRS hours.

2. The Hospital or charge nurse in coordination with a supervisor, shall notify

a nurse s/he is being placed MRO/MRS.

a. The Hospital may assign a nurse to be on standby and/or accept a

nurse's request for standby versus placing a nurse MRO.

b. The Hospital may offer a nurse an opportunity to orient to a

different unit or to act as a House Float (this nurse would be

available to relieve nursing staff for breaks/lunch), rather than the

nurse being placed MRO/MRS, if s/he would rather work.

i. If a unit is closed, a nurse from that unit may be placed on

standby.

c. If a nurse is MRO'd s/he has no obligation to be available to work

for her/his scheduled shift that day, although nothing herein

prohibits the nurse from working if later requested to do so by the

Hospital that same day.

d. At the time a nurse is placed on MRO/MRS, the nurse shall be

placed on MRO/MRS hours for the nurse’s entire remaining

scheduled shift, unless the nurse agrees to a different arrangement

with the Hospital. When a nurse is placed on MRS prior to the shift

start time, that status will not be rescinded.

CONTRACT RECEIPT FORM Please fill out neatly and completely, and return to

Oregon Nurses Association

18765 SW Boones Ferry Road, Suite 200

Tualatin, OR 97062-8498

Or, fax to ONA at 503-293-0013. Thank you.

Your name

I certify that I have received a copy of the ONA Collective Bargaining Agreement

with Sky Lakes Medical Center, January 1, 2018, until December 31, 2020.

Signature Today’s date

Your mailing address Cell phone Home phone Personal email Unit Shift

SKY LAKES MEDICAL CENTER, INC.€¦ · sky lakes medical center, inc. 2865 daggett street . klamath...

Documents

Transcript of SKY LAKES MEDICAL CENTER, INC.€¦ · sky lakes medical center, inc. 2865 daggett street . klamath...